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So What happens when a parent breaks parenting orders THREE times??!?!

My daughter's father has broken the visitation agreement 3 times in the last 2 months, once he was supposedly in jail, the next time he was working out of state and this time well he just never called or showed up to get her....among other emotional issues hes causing which is why on monday I want to ask that his overnight visitations be taken away as well as I want full Legal Custody....if he wants nothing to do with her I see no reason why he should have any legal say in any part of her life. Does this sound like something the court will agree to?

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Asked by DaraMichelle at 6:05 PM on Feb. 27, 2009 in General Parenting

Level 2 (12 Credits)
Answers (7)
  • Start keeping records. Write down every missed visit. Every phone call, every time he is late returning her all of it. Build a case against him. Courts do make that decision..but it takes a lot more than 3 times unfortunately.

    Answer by GrnEyedGrandma at 6:07 PM on Feb. 27, 2009

  • well i should add that there are other things....such as shes only 4 and he tells her that daddy doesnt like "craigy" my fiance, so she comes home crying upset that her daddy doesnt like him, he is supposed to have her every other weekend...he never asks for additional time and he NEVER calls to speak with her in those 2 weeks....its like he only takes her out of obligation....these last 2 times hes broken the agreement were in a row so the last time he saw or spoke to her was 1/31.....a month ago....some father

    Answer by DaraMichelle at 6:17 PM on Feb. 27, 2009

  • You have to document everything... the courts will not remove the fathers rights and may give you full custody with him having joint legal... but basically you would have all the say...
    And I believe it will take more than just 3 times before anything will even be said to him at all... also in some states if he is paying his cs the courts won't touch his visitation times at all but can just give you more custody... have to check with your local family/divorce court.. or cs worker...
    Good luck...

    Answer by gmasboy at 6:19 PM on Feb. 27, 2009

  • If you think it is only out of obligation that he sees her, make it really easy for him to phase himself out. Ask him if you can switch weekends or skip a visit or something and see if he fights you on it.

    Answer by kabbot01 at 6:20 PM on Feb. 27, 2009

  • Find out the reason he was jail. If it was bad enough they might take away his custody.

    Answer by Panopel at 7:54 PM on Feb. 27, 2009

  • Document every missed weekend and his reason if he calls. When I went through that the court told me that they cannot make a father use his visitation. Different states and even different counties within the same state have different rules about visitation issues, so call your family court clerk.

    Answer by goaliemom93 at 8:49 PM on Feb. 27, 2009

  • definately document everything. and i am pretty sure that they can;t make them take advantage of their visitation, but i would think that him missing several visitations would help your case for full custody. although, they might give him a break for the jail and working out of state. but i dont really know. either way document it all and look up your states laws.

    Answer by aly38914290 at 10:00 PM on Feb. 27, 2009

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