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Divorced parents...what would you say about this scenario

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Divorce began while wife was pregnant with first child.
Husband made threats, wife was awarded PFA until a month after birth of child.
Husband signs divorce papers and custody papers before PFA is expired and divorce is finalized. Mother gets full custody (physical and legal) and father gets no visitation. (father signed this agreement of his own free will)
When child is 3 months old exh calls and says he wants to see child, and if mom doesnt agree he will take her for custody. She says no, because of agreement. Exh never files for visitation or custody.
exh tells family and friends that exw will not let him see his child (does not mention he agreed to this arrangement)
Exh does not pay support.(nor is it ordered) now 6 yrs old. He has never met, seen, nor heard from his biofather.

If the exh came back now (or even later) what do you think should happen in regards to custody/visitation.
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by on Jan. 28, 2013 at 11:47 AM
Replies (21-22):
by Platinum Member on Jan. 28, 2013 at 12:23 PM


Quoting boldrumble:

I wont. I just know that some people think that if support is paid, then visitation should always be an option, that is why i provided that info.

Quoting embrigmom:

Sounds like the bio dad sign away his parental rights and has had no contact with child for 6yrs so don't think the court would order any type of visitation. IMO if the bio dad really wanted to see his child he would have taken the mother to court before this, like back when he said he was going to. As for the no support since there is no order for it at this point not much can be done for it, unless the mother chooses to file for it.

I agree a lot of people think that if support is being paid then there should be vistation. I don't think it should work that way. About 3yrs ago my exh fell over a year behind in support but I couldn't not send my dd for visits because he wasn't paying, and wasn't paying because he refused to work. If I did that I would have gotten in trouble.

As for your issues I wouldn't worrie to much bio dad doesn't sound to motivated to see his child. And hasn't been in the child's life for 6yrs. Pretty sure that could be considered abondoment


by on Jan. 28, 2013 at 1:29 PM
Thank you for the responses everyone!
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