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Canadian Family Law - What can guarentee a parent does not get any rights like visitation ?

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Canadian Family Law - What can guarentee a parent does not get any rights like visitation ?

Postby burt » Sat Jun 23, 2012 4:01 am

My sons father was 21 and I was 16 when we got together. I became pregnant at 17 and he was born after my 18th birthday. It was an incredibly abusive relationship he was controlling and didnt allow me to see any of my friends except my best friend. Kicked me out constantly to have other women over and have sex with them then would call me back when he was done and ordered me around constantly. His own family has disowned him for the type of person he is and his mother has bad cancer ( she was given 8 months but is now making progress and we're getting good news for the first time in months ) and he only saw her at christmas, took my sons gift certificates claiming he would be giving them to me and then didnt see him for 6 months.. He is a pathological liar, he's been as drug dealer and used to use substances like cocaine but as far as I know it is only marijuana (but I dont even smoke cigarettes let alone do any drugs) as well used to be involved with White Power movements and has a swastika tattooed on his arm and is on welfair.
e broke up when my son was 3 months old after a physical fight in which I was charged with Assault. I have completed my probation as well as counselling have been in a new and healthy relationship for 7 months ( I know its not the longest amount of time but we are very happy and my son loves him as he does my son) Meanwhile his father learned I was in a new relationship and blocked me on facebook .. stopped returning calls or texts nd went 7 months without seeing hsi child after seeing him only 5 times (couple hour visits and a couple times babysitting him ) And before that went 4 months without seeing him and amonth before that Totaling in my sons 17months of life not seeing him once for 12 months. (and the times he did see him was when he was first born and he lived with us for 2 months and then times where occasional visits occurred which were listed above.
I have a lawyer well I hired a legal aid lawyer since I have been in school f/t and can't afford to pay for one. But i gave my certificate to the first and only lawyer who was accepting clients. Now its been 2 weeks he's rescheduiled 3 times and I can't get him to return my calls.
I used duty council at my last appearance and they didn't tell me during mediation I could say no to thins I thought we Had to negotiate and I unwillingly agreed to visitations terms I was very uncomfortable with.
I would love to have visitation taken away from him - but I don't eve know if thats possible!
Given the information listed above, do you believe it is possible he could loose visitation? I served him asking for child support and full custody and he served me back saying he wants joint custody (which I thought was ridiculous since he didnt see my son for 7 months until the courts said he had to have visitation - and I never once kept my son from him he just never asked to see him and ignored me when I contacted him.
burt
 
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Joined: Thu Mar 31, 2011 1:16 pm
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Canadian Family Law - What can guarentee a parent does not get any rights like visitation ?

Postby jan46 » Sat Jun 23, 2012 4:05 am

Relax. Think about this. Your all upset that he never visits his son, and so you want to take visitation away. Think that through.

There's no reason for your lawyer to call you. The legal stuff isn't a big deal. He could meet with you a few hours before court and still have everything covered. For you this is all emotional and a big thing in your life, but for him this is very simple and standard stuff.

You'll get custody and child support. In Michigan they call it "joint legal custody, the mother gets physical custody", or the mother gets full custody. There is very little difference. I don't see any chance of him getting custody. And child support is rather simple. There's a formula they use.

So all we're really talking about is visitation. I'm not familiar with Canadian courts, but I'm sure it not too much different. Even the worse fathers get some kind of visitation. To have visitation taken away completely would require proof of very bad abuse. You can't take visitation away, however, you can get supervised visitation.

Since the child is a year an half old and barely knows his father, I think supervised visitation is the most likely out come. It'll probably be supervised visitation for a year, and then the judge will see how it's working.

I know this all seems too much and is overwhelming for you. But for the courts this is simple stuff. The court has certain things that must be done. For example, you asked for full custody and his lawyer responded with joint custody. That's normal and nothing to worry about.

Write out any abusive behavior by the father. Especially any mistreatment of the child. And then tell your lawyer about it when you meet with him. Other then that there's nothing more for you to do. Relax and let the courts do there job. Judges really do think about what's best for the child.

Be as nice as you can to the father. This isn't about what happens in the next few months or even the next few years, this is about a life time. He's the father, and no court can change that.

Relax, this will all work out.
jan46
 
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Joined: Thu Mar 31, 2011 9:22 am
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Canadian Family Law - What can guarentee a parent does not get any rights like visitation ?

Postby vipponah » Sat Jun 23, 2012 4:17 am

You have asked this question repeateldy

The only way he can be banned from seeing his child is if he's labelled as a sex offender, the judge will issue an order that he is to have no direct or indirect contact with anyone under the age of 16 years old, which means he cannot have any type of contact with his child until his sex offender registry expires.
vipponah
 
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Joined: Sat Apr 02, 2011 2:26 am
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