My ex-husband has been absent from our children's lives for seven months now. Prior to that, he had sporadic telephone contact with them. The last time he saw them was February 2nd, 2010, and since I've had custody (I gained full custody in June of 2009) he hasn't paid a dime in child support. Contact was cut between him and the children on September 1st due to the fact that he was using heroin and would call the kids while he was high and either not talk to them at all or simply cry on the phone. A few weeks ago his parents called me to let me know that the kids great-grandmother (my ex-husbands grandma) was about to pass. Because my ex doesn't have contact with his parents, I decided to send him a short message on Facebook letting her know about her illness. He responded saying thank you, that he had contacted his parents, and that they had buried her the prior week. He then asks if there's any chance he could talk to the kids. I informed him that I would like nothing more than for him to be involved in the kids lives, but that he needed to show me that he wasn't using, and that he could maintain a regular schedule to call them (of his choice... be that once a day, once a week, every two weeks, etc). He responds saying that:
" It's almost amusing how you keep beating the same dead horse. You gave up the right to criticize my lifestyle when you walked out the door. You can't, legally, deny me access to the children. Please, I don't want to fight with you anymore.."
My question is... is he right? Is he automatically granted visitation without a court order? As it stands right now, he has no visitation in the custody arrangement. It actually makes no mention of visitation. It was, however, ordered that he needed to pay child support, which he's failed to do. Is it within my legal rights to deny him access to the children?
Answer by mandyandthree at 8:25 PM on Mar. 16, 2011
Answer by jenfitz42 at 8:27 PM on Mar. 16, 2011
Answer by vampporcupine at 8:38 PM on Mar. 16, 2011
Answer by kkbird at 8:50 PM on Mar. 16, 2011
If there is drug use involved, I think you have the right to keep him from his kids. You need to keep a log of his conversations and what he says and does. Talk to a judge if necessary. Good luck.
Answer by krissyvelazquez at 9:05 PM on Mar. 16, 2011
Answer by momof2inCT2007 at 9:17 PM on Mar. 16, 2011
Answer by kkbird at 12:26 AM on Mar. 17, 2011
Next question overall
Why dont some women stay with there 1st baby's father?