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Father wants to re-unite with daighter after 9 years of no contact California

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  • Father wants to re-unite with daighter after 9 years of no contact California

    I do not want this guy to have visitation with her. He has falied to attempt to have visitation with his daughter in 9 years, two of whice were due to jail time spent because of statutory rape, against me...... I briefly allowed him to have contact recently, but have found him to be unfit. Is there a statute of lilitations of how much time has passed and when termination of rights occurs? I by default have full legal and physical custody as per the court when she was born because of his incarceration. She doesnt even have his last name.

    This man has two kids already in foster care while CPS determines weather he is fit to care for these two children. He is now threating to sue me for visitation. I don't want this at all.

    By allowing these few visits to occur, did I re-establish his rights? Or can He no longer claim them period.
    Please help me find supporting laws I can use to show cause of parental rights revoked.

  • #2
    Originally posted by MissNurse View Post
    I do not want this guy to have visitation with her. He has falied to attempt to have visitation with his daughter in 9 years, two of whice were due to jail time spent because of statutory rape, against me...... I briefly allowed him to have contact recently, but have found him to be unfit. Is there a statute of lilitations of how much time has passed and when termination of rights occurs? I by default have full legal and physical custody as per the court when she was born because of his incarceration. She doesnt even have his last name.

    This man has two kids already in foster care while CPS determines weather he is fit to care for these two children. He is now threating to sue me for visitation. I don't want this at all.

    By allowing these few visits to occur, did I re-establish his rights? Or can He no longer claim them period.
    Please help me find supporting laws I can use to show cause of parental rights revoked.
    He has always had rights unless they were terminated by a court of law.

    I am assuming the child was a result of the statutory rape? In some states, he would have no rights from the get-go. I beleive, and I may be wrong, but I believe California allows for reunification of child and father if the child was not the result of a forced rape or sexual assault.

    Please wait for other responses.

    But -- if that is correct, there is no SOL for termination of parental rights, meaning they are not gone by default after X amount of years. You would have to ask for his rights to be terminated, it would not just happen. He has until she is 18 to attempt to exercise those rights. Since you have allowed contact, there is no longer an issue of abandonment either.

    You are not at liberty to determine that he is unfit. That is up to a court.

    Yes he can sue for visitation even though you are against it.

    Comment


    • #3
      Ok, found someting here:

      The California Court of Appeals ruled and issued this opinion in 2003:

      In re Kyle F.
      The California Court of Appeals reversed and remanded the trial court's ruling that an unwed father who could have been charged with misdemeanor unlawful sexual intercourse could never qualify as a presumed father. On appeal, the court concluded that neither case law nor statute preclude an 18-year-old unwed father from attempting to demonstrate a full commitment to assume his parental responsibilities toward a child born to a mother who was 16 at the time of conception. The court explained that the trial court misconstrued prior case law by equating "unlawful sexual intercourse" with "nonconsensual sexual intercourse." Thus, while a person who forcibly rapes another should not be afforded constitutional protection in proceedings concerning the adoption of a child conceived during the rape, an unwed father should not be denied the constitutional right to develop a parental relationship with his child when he and the minor mother were relatively close in age and both willingly participated in the act.
      Cite: No. F038536, 2003 Cal. App. LEXIS 1512 (Cal. Ct. App. Oct. 3, 2003).
      That, I beleive, means he has the right to pursue a relationship with the child.

      How it will all turn out is a different story, but you cannot stop him from pursuing it at this point in time.

      I would suggest you get an attorney and gather up as much FACTUAL information about his criminal history as possible.

      Comment


      • #4
        So then Do I have the right to ask for the 9 years of child support he owes, I mean if he is going to sue for visitation after 9 years of no contact, I feel he is entitled to owe monetary support as well.
        Last edited by MissNurse; 07-22-2008, 01:14 PM.

        Comment


        • #5
          Originally posted by MissNurse View Post
          So then Do I have the right to ask for the 9 years of child support he owes, I mean if he is going to sue for visitation after 9 years of no contact, I feel he is entitled to owe monetary support as well.
          In your first post, you mentioned that the court gave you sole custody, at that time was paternity legally established?. Was/is there a court order for CS?
          If there is, and arrears are owed, yes you can request payment of the arrears.

          If there isn't an existing CS order, you can still file for a CS order, but the CS will be from the date of filing forward.

          Comment


          • #6
            Does California have a law similar to NC?

            In North Carolina, my husband lost his child support for his daughter, when her mother was incarcerated. Our state has a law that "protects inmates" and stops child support from accumulating during incarceration! So, his daughter, who was abused by her bio mom (and thats why she went to prison) will never get the benefits of that child support, even when her mom does get out.

            Our plan had been to let it accumulate a few years, then terminate her rights (and leave the arrearage to be collected later) and about the time his daughter would be in college "mom" would've been out of jail and her payments on arrearage would go toward their daughters college education.

            Then we received notice that the state had closed the case due to this law we'd never heard of....

            Make sure California doesn't have a similar law.

            God Bless!
            Amy

            Comment


            • #7
              Originally posted by ShakinThingzUp View Post
              Does California have a law similar to NC?

              In North Carolina, my husband lost his child support for his daughter, when her mother was incarcerated. Our state has a law that "protects inmates" and stops child support from accumulating during incarceration! So, his daughter, who was abused by her bio mom (and thats why she went to prison) will never get the benefits of that child support, even when her mom does get out.

              Our plan had been to let it accumulate a few years, then terminate her rights (and leave the arrearage to be collected later) and about the time his daughter would be in college "mom" would've been out of jail and her payments on arrearage would go toward their daughters college education.

              Then we received notice that the state had closed the case due to this law we'd never heard of....

              Make sure California doesn't have a similar law.

              God Bless!
              Amy
              There's a poster, Courtclerk, who posts here and other forums, she knows CA law real well. Hopefully she'll be able to answer that.

              It seems unfair that CS would be automatically abated because incarceration is normally considered to be voluntary unemployment.
              Last edited by xena; 07-23-2008, 10:14 AM.

              Comment

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