A community of 30,000 US Transcriptionist serving Medical Transcription Industry

Child custody advice


Posted: Jul 15, 2012

I hope someone here has some knowledge into these things and can give some advice.  I'm sorry this is so long....

I am concerned and sad for my nephew, who is being denied visitation unless supervised.  My nephew is 19 years old.  He met the mother of his child, and she became pregnant right off the bat it seemed.  Before the baby was born, they married.  When the baby, which was a little girl, was 3 months old, they called it quits and she left.  A couple weeks after her leaving he called her and said he would like to come get the baby and take her to his mom's so they could see her and spend some time with her as well as spend time with her himself also, and he was told no.  She did not want him taking the baby anywhere.  She said he could visit her but not take her.  So he got mad about it and didn't go to see her.  Well this continued.  She insisted she would not let him take her anywhere.  He was stubborn and said well if I cannot come get her then fine and he didn't go see her (which he should of) but we are talking about a teenager here, don't make the best decisions.  Fast forward, the baby was 8 months old, and he went and saw her.  At first, he was denied being able to even see her.  He was adamant he deserved to be able to see her.  He wasn't there to ask to take her anywhere, just SEE her and hold her.  So finally she brought her out and let him hold her.  Then she met him in town a few times and let him see and hold her. 

My sister (who is the baby's grandmother) and my mom (great-grandmother) and me (great aunt) have not seen this baby girl since she was 3 months old.  We would LOVE to see her.  So my nephew called her and said look I would like to bring the baby to my mom's and let the family see her.  She told him no.  She said she doesn't remember you or your family and I don't want her over there.  Ya'll are strangers to her.  He said we are not strangers.   We are her family who would know her better if you would allow me to bring her to visit them and allow me to spend more one on one time with her.  She said no, not happening. 

So my sister emailed the baby's mother's grandmother and said look all we want is to have a visit with the child here at my house for a few hours.  If she cannot do that then we will have to take this to court.  So the mom calls my nephew back and says okay you can get her from 12-4 pm tomorrow.  He says okay.  Everyone is so excited.  Me and my mom had made plans to go see her.  Then later she calls him back and says no she changed her mind.  The baby doesn't know us she said and doesn't know him well enough to go over there.  It would be cruel for her.  She went further to say he would have to visit her in her presence or nothing.  She said you have not been a part of her life for 5 months so now you can't be a part of her life.  You just can't walk in and decide you want to see her.  It doesn't work that way. 

Well correct me if I'm wrong, but I don't think a judge is going to deny a father the chance to know his daughter and bond with her and be a part of her life and her be a part of all our lives.  How is he going to bond if he can't take her anywhere?  We are all so let down. 

She has also put pics on her facebook of her with her new boyfriend and he is holding the baby and it says "our lil family."  It is like my nephew was replaced and is wanted out the picture totally.  Her new guy we have been told sells drugs, has been arrested for drugs and is being watched by the law for drugs.  So he is not a role model by any means.  She leaves the baby with others and goes out with him.  How can he be good for this child?

;

your nephew needs a lawyer - Snow Bunny

[ In Reply To ..]
'cause ain't nothing else that's gonna work.

As long as it's been proven that he's the biological child (i.e. birth certificate, DNA), then he has a fighting chance. If not, he's got an uphill battle.

Your post did not indicate if he is paying his child support - That might have an impact on visitation

[ In Reply To ..]
He needs to get an attorney ASAP to establish both a formal child support agreement and visitation.

I'm very harsh on this but, IMO, if he hasn't been contributing to the baby's support, I would side with the mom and say he does not get the privilege of seeing the baby. Please, no offense if he has been paying, but I did notice any mention of support is missing in your post and I'm very down on deadbeat dads who want the perks but not the various responsibilities.

a judge will set up child support after paternity is - established

[ In Reply To ..]
Sadly, paying child support does not affect whether he sees his child, and the mother can even be held in contempt or have her rights affected by trying to alienate the father of his child. She absolutely cannot keep this child from him, even though the child is 8 months old already and has not seen him. A judge will order anywhere from 1 hour to 50% of the time each week. Also, if she is using drugs or suspected of it, he could say he is worried about his childs welfare and she might have to do drug testing or have social services involved, and maybe she just might end up with supervised visits!

Children have a right to both parents, no matter what. I agree that he should get a job and start paying something immediately (17% of his income), but he will still get to see his child if he waits until court.

He just got a new job working offshore... - blondie

[ In Reply To ..]
He got a great job offshore. He leaves tomorrow going out, but his mom is gonna go ahead and hire the lawyer for him and let him be getting everything together and when my nephew gets back in from offshore then he can go sign whatever papers he needs to so they can get the ball rolling.
The thing is this guy the mother of the baby is with has been arrested 5 TIMES in 7 months for some drug-related charges. I'm sure he has court dates on those too. He said he went to the police station today and they asked him this guy's name and he told them and the cop said oh yeah we know him. We've been told by other folks that he sells drugs. The baby doesn't need to be around that. He called her this morning and he said look I'm leaving to go offshore and please do not let my child be around that guy. He is not a good person and I also do not want my child in the car with him because I believe he is selling drugs. He said she didn't argue and try to tell him he didn't sell drugs so that says something. It is a mess. Hopefully the lawyer can get this ironed out.

He tries to contribute... - blondie

[ In Reply To ..]
When he would call and say how's the baby and do you need some money. I will meet you somewhere and give you some money, he said she would be short and say no don't need anything and hang up the phone. So I guess if she HAS to let him have visitation she might decide to take the money. She is probably not wanting to take money because then she would have to let him see her. He said today he is hiring a lawyer and just gonna let the lawyer handle it and go to court so their will be some official visitation rights and she will be given child support and there is no reason for her not to take it. The girl isn't rich.

Child support has no bearing on visitation in the State of VA - and should not anywhere!

[ In Reply To ..]
Judges frown upon one parent trying to disrupt the relationship between a child and the other biological parent for any reason, PERIOD, unless that parent is a danger to the child. It has nothing to do with child support. That is cruel. You could have a father paying child support faithfully, PLUS other expenses such as entertainment, health care costs, etc, and that parent have a very good and healthy relationship with their child. Then, what if that parent loses their job through no fault of their own, and gets behind in child support payments! Are you saying that parent and child can no longer have the relationship they had? That is ridiculous!! The courts will withhold wages, track down dead beat dads, and even withhold tax returns, but they DO NOT take away that parents visitation rights!

In this situation, the father of the child does need to make financial contributions to this child, even if it is not court ordered! It is his responsibility as a parent. For the mother to say, "No, she does not know you." Whose fault is that? She needs to allow this parent/child relationship to develop, and the sooner the better. If she does not do it, a judge will. They NEVER withhold visitation for financial reasons, never.

Correct. Children are visitations rights are not for sale. - NM

[ In Reply To ..]
s
Oops! Children AND visitation rights are not for sale. - nm
[ In Reply To ..]
s

GO TO COURT - Immediately

[ In Reply To ..]
She cannot deny him time with his child. The court will establish reasonable visitation rights, at least every other weekend and a few days in between. He had better get a job, because he is going to be ordered child support, and sooner rather than later becuase the child support will go back to birth, even if he had no job before now.

It would be best if he had an attorney, but if not, he will get visits either way, maybe just not as much time as he would have got otherwise.

All he has to do is go to the courthouse and file a motion for paternity and a motion for visition. If he has no money, he can file indigent papers, a judge will sign them, and he will get reduced fees but it is still going to cost some. Then he has to serve her, and I believe he can mail them, or have his mother or yourself could, anyone can be a process server now, you just have to fill out a paper with the date and time of service.

My daughter has a child with a man she is not seeing anymore either and they each get 50% of the time until he starts school. Then it will be revamped accordingly.

Its so sad when babies have babies. No one wins.

Response - Pink Ice

[ In Reply To ..]
If they were legally married or divorced within 10 months of conception, he is already the legal father and has full custodial rights. They will not bastardize child with establshed paternity. The marriage makes him the legal father regardless of whether he is the biological father. He needs a copy of his marriage certificate and the child's birth certificate. A child support order has to be established before it can be enforced through the court system. If they are still legally marred then he has full custodial rights. If the child is on public assistance, he will be listed as the absent parent and a request to establish a support order will be auto generated through DHS.

Yes they are still legally married... - blondie

[ In Reply To ..]
He is going to get the divorce going too while he is getting the lawyer to handle the visitation. But yeah, they are still legally married. And she is seeing someone right out in the open, even has it posted on her facebook page.

Response - Pink Ice

[ In Reply To ..]
Are they still legally married? If so, he has full parental rights and can take that child to the moon if he so chooses. Does the baby receive any type of public assistance? If so, he cannot opt out of Friend of the Court, so a support order has to be estabished.

Pink Ice is Right - anoldMT

[ In Reply To ..]
Yes, she sure is. If they are still married, and I suspect they are legally, then all he has to do is walk off with the child, there would be nothing legally the "mother" could do to stop him, but I suggest he get a copy of the babies birth certificate proving such. Like it or not (for the mom) the police will not do a thing, they cannot and they will tell her such. I really don't suggest he do that though. Because they were/are married he is the child's legal father, so all he has to do is file for visitation. With her druggie boyfriend, his lawyer needs to bring that into it and force mom to be drug tested...she could temporarily lose custody until she completes drug counseling.

Pink Ice is Right -oh - anoldMT

[ In Reply To ..]
Oh, and I suspect they are still legally married, because I am almost certain it would not have been possible for them to divorce without a legal custody agreement in place.

legally married don't mean squat - Snow Bunny

[ In Reply To ..]
I was living in VA when I booted my first husband back to live with his mother in NY. I automatically had full custody. The following year I filed for divorce and my attorney had it written into the decree that the children could not leave their hometown without written permission from me. IOW, you want to see the kids, you come down to me. YOU can see them, not your family.

And if you knew his family, you would have understood why I did what I did.

The absolute BEST advice... - winston

[ In Reply To ..]
Is for your nephew to seek the advice of an ATTORNEY. Every state has different laws about custody and primary care. There are abandonment clauses in some states, where if the father doesn't see the child in 6 months or a year his rights are automatically terminated... That is why he needs an attorney. Divorce, visitation, custody. He MUST take the step and file before too much time goes by. The longer he waits, the more his wife can claim abandonment... abandonment of her, of their child, etc. Oh, and he has to demand that she prove he's the dad during the divorce. She could have been screwing around on him and it might not even be his kid. He shouldn't have to pay for 18 years for a kid that isn't his (a lot of guys do), although state laws, again, will dictate this. You didn't say what state he was from, but I'm sure you know, so just google "divorce and custody law, state of _____" and you will find some answers.

Similar Messages:


Advice About My ChildDec 10, 2010
I have a 10-year-old son and I probably shelter him a little too much, but the world is crazy these days.  So, he knows this boy from school and we see the kid EVERYWHERE at events that we go to, but I rarely ever see him with an adult or his parents.  He is always wandering around alone.  We even saw him at the fair (a place where I don't even allow my children to step 10 feet from me without me holding on to them) and he was alone. So, we were at an event a couple of weeks ...

John Edwards In CustodyJun 03, 2011
Soap on a rope? http://hosted.ap.org/dynamic/stories/U/US_EDWARDS_INVESTIGATION?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2011-06-03-14-14-02 Edwards arrives at NC court to face felony charges WINSTON-SALEM, N.C. (AP) -- A grand jury charged two-time presidential candidate John Edwards on Friday with soliciting and secretly spending more than $925,000 to hide his mistress and their baby from the public at the height of his 2008 White House campaign. The indictment c ...

Suspect In Custody And Alive!!!!! Apr 19, 2013
Excellent news.   ...

Three More Suspects Taken Into Custody In Boston BombingMay 01, 2013
BOSTON (AP) — Three more suspects have been taken into custody in the marathon bombings, city police said Wednesday. The police department made the announcement in a tweet Wednesday morning, saying more details would follow. Police spokeswoman Cheryl Fiandaca confirmed the tweet but referred all other questions to the FBI. Three people were killed and more than 260 injured on April 15 when two bombs exploded near the finish line. Suspect Tamerlan Tsarnaev died after a gunfight ...

G. Zimmerman Back In Police CustodySep 09, 2013
Not much info available at this time. The article doesn't actually state whether it was Z who had the gun.  Given the history, I would assume so, but of course I could be wrong. Editing to add that police are now saying this is a possible "domestic battery."     LAKE MARY, Fla. - George Zimmerman has been taken into custody in Central Florida after an incident involving a gun with another person at the home of his estranged wife's parents. [WATCH LIVE: Sky ...

How Much Should A Child Be Included When There IsMar 22, 2011
a death in the family? My mom has gone to my sister's home on hospice and it is just a matter of time that she will pass.  My mom has been the grandmother symbol for my child.  Because of loss of family contact from being placed with me to live, this child has experienced a lot of losses.  She is about to turn 8.  I would encourage her to be at the funeral and grave site ceremony, but do you think she is too young to be at the wake as well?  It could be an opportuni ...

Does Your Child Go To Any Movie You Do?Nov 08, 2009
I went to the movies today, a new one that just came out about an overweight teenager from Harlem who was sexually abused by her father and mentally and physically abused by her mother. This movie was rated an R. Several years back it would have not had that lax of a rating. No prude here but the movie was completely filled with the most vile language I have heard in a movie but on top of that simulated rape scenes of the young teen with the father being the perpetrator. I saw many, many familie ...

ODD - Anyone With A Child With This? Does This Sound Like It?Nov 09, 2009
My 12-year-old son argues with me about EVERYTHING.  He is now saying that he wants to not go to college and live in a van. I told him fine, that is his decision when he is 18.  He kept on with it because he wanted me to argue with him. I told him at this point when he is 12 there is no reason for me to argue about something like that...he kept on and on and on. It really bothers Melissa and she cries because Jake and I end up in debates/arguments almost every day and they are lasting ...

Getting Your Child To SleepDec 15, 2009
This is really cute, but this guy got himself in quit a predicament.  Read the info at the top right about the poster of the video, this was him and his baby.   http://www.youtube.com/watch?v=MLErNXIYjMg ...

Child SupportApr 29, 2011
Anyone out there have a child with a disability and recieved child support from their ex after the age of 18?  Both of my boys have Asperger's syndrome, high functioning autism.  My older son is turning 21 in May and his dad had stopped the child support after he graduated from high school (about two weeks after he turned 18).  Now my younger son is turning 18 in May and his dad told me today that he is cutting off that child support at the end of May.  Neither boy is ab ...

Sleepwalking Child...Mar 30, 2010
So we finally were able to catch our 11 YOS sleepwalking this weekend. We had suspected he did this for a while but were not able to catch him...Saturday night I woke up to find him at the top of the stairs bending over the railing looking down into the foyer! What a creepy sight...I was freaked out! Anyone have any experience with this? Just needing some options to either keep him in the bed or keep him from going outside, which is our main fear. We have put bells on the bedroom door in hopes ...

Opinions About My ChildMay 21, 2010
I am not sure what to do about my child and would like opinions on who to see or what.  When my son was around 5 years old, we lived in a house and he would say he "saw people" in the house.  I would see him standing there and he would jump as if something startled him, but of course nothing was there.  It got to the point that I couldn't even step out on the front porch without him being right under me, afraid to be inside by himself.  Well, later on, my 16-year-ol ...

Poor ChildApr 26, 2012
VR caught "The mother did the child in today for examining of" Dr dictated:  "The mother brought the child in today for examination of ..." ...

Not Getting Child Support ??Oct 16, 2012
Dtr owed over 8,000 in child support now and the sperm donor apparently has no intention of working.  Child support enforcement will try to do "address verification" when we give them a new address but that's as far as that goes.  Has anyone ever tried one of those companies that are supposed to help get your back owed money for a percentage?  Do you know what the percentage is?   ...

Please Pray For My ChildFeb 28, 2017
I was diagnosed with breast cancer yesterday, spread to the lymph nodes, and that is without a tissue diagnosis yet.  It is that clear on the ultrasound.   I adopted my granddaughter 7 years ago and that anniversary was this weekend.  Four years ago this past weekend, my mother died and in her will left me her house and land.  Unfortunately my sister had POA and had sold the house prior to my mom's death, then claimed there was nothing left of the estate - she kept the ...

Is It Ever Ok To Tap A Child In The Mouth?Jul 19, 2015
My 5 year old daughter was being an all around menace: goofing off at the table, mouthing off, etc.  She was not listening and laughing at my husband as he was trying to talk to her.  He then tapped her on the mouth.  Is this okay?  I am a bit confused on the matter as I was never struck as a child.  Please, I am asking for advice and not opening up the chance for negativity or people who want to bash me as a parent.  Thank you ...

Westboro Has Said Will Not Picket The Child'sJan 12, 2011
but they will picket the other ones.  But, Fox is reporting a group called Angel Wings is going to be there at the funerals in groups of about 30 holding up fabric "Angel Wings" between the protestors and the funeral attendees.  Good for them!!  Wish I was close enough to join them.  ...

The Ohio Man That Killed The ChildApr 02, 2013
I can't stand our justice system, I swear it makes me crazy!  The news article, an Ohio man kills a 3-year-old child by having sex with her and suffocating her, which he ADMITS, but he actually gets a trial, because he is fighting the death penalty, because he didn't mean to kill her, he only meant to rape her!  I mean, WHAT!  He apparently was drunk and mad at his girlfriend (The child's mother) because she wouldn't have sex with him, so he decided to have sex ...

5 Year Old Child, Off And On Fever, Anyone Dec 23, 2013
My friend has a child that had fevers (nothing else at all)around Thanksgiving, was taken to doctor. Fevers resolved and now back again, just fever. Has anyone had something similar with your child? Thanks. ...

Loner As A Child And Now Hardly Any FriendsFeb 06, 2014
I spent hours while growing up doing things I enjoyed. I spent hours at my house in the attic looking through big storage trunks that contained so many interesting things to me. I also loved going to a small stream close to my house to watch and collect things like minnows that I tried to grow into a frog, salamanders. Now as an adult I have not really one close friend, no one that I talk with on a regular basis. Am married and that is a close relationship, not lonely because I keep busy with my ...

Anyone Have A Child Or Know About Attention DeficitOct 20, 2014
Was just talking with my friend tonight. I have known as she has also for years that her 1st grader was not 100% "right," something was off with him. Tonight she tells me someone is finally maybe listening to her about him. He is in his own little world. I do not think autism because of the fact he will halfway interact "sometimes," does not reject a hug or kiss and maybe I am wrong but I thought autistic children were like that. I could be wrong. His teacher is every day trying to tell the moth ...

A Lot More Child Abuse Cases Lately.Dec 23, 2014
these kids should be having a wonderful time this season, getting ready for Santa Claus and baking cookies with their mom and dad, decorating the tree and being read stories before bed. But they are being beaten and taken out of their homes to live with strangers. Just breaks my heart. Honestly, sitting here crying and praying for these little babies.  What the heck is wrong with people?  ...

GOP Wants To Weaken Child Labor LawsApr 10, 2011
under a new piece of legislation introduced in the state's House of Representatives, employers would be able to pay anyone under the age of 20 as little as $5.25 an hour for their first 180 days on the job. The bill, LD 1346, also eliminates the maximum number of hours a minor 16 years of age or older can work on a school day and allows a minor under the age of 16 to work up to four hours on a school day during hours when school is not in session. With Maine's unemployment above ...

Moms - If Your Child Went Missing And You Did Not Report ItJul 08, 2011
What could anybody's motive be for not reporting a child missing for 31 days and when the child is reported missing it is by a relative.  Is not reporting a missing child a criminal act in your state?    ...

Babysitting/child Care In CaliforniaJun 17, 2011
Hello out there...my 22-year-old is home from college this summer and is going to take care of my neighbor's 2 daughters, ages 5 and 6, a couple of days a week probably for around 8 hours a day.  What would be a good rate for her to charge?  It's been so long, I don't even have a clue.  I used to do daycare before my illustrious transcription career so I know people can't pay a normal minimum wage.  Would 5/hr be good?  Any suggestions would be greatl ...

Not My Child But A Tween Girl I Know Got FB MessageJun 04, 2014
This young tween just posted a picture and the teacher saw and said adorable. She then thanked him and said miss u. He was a teacher to her and another sibling of hers. He then said we miss you and asked if they could Skype or iChat with CB over the summer. What do you think, innocent or not. ...

Ted Turner Urges Global One-child PolicyDec 09, 2010
Ted Turner founder of Commie News Network (CNN) and TBS at Cancun global summit wants one-child policy instituted.   What a moron, but he is a progressive/lib after all.  http://www.theglobeandmail.com/news/national/ted-turner-urges-global-one-child-policy-to-save-planet/article1825977/ ...

Is Not Reporting A Missing Toddler Child Abuse? Jul 15, 2011
I have listened to commentators, lawyers and jurors in Casey Anthony case and I am unable to understand how if a child goes missing and it is not reported this is not abuse.  Wouldn't the primary person providing care for a child need assistance to look for the child at a certain point and if that person didn't get proper help from authorities in a timely manner and the child was harmed or killed would that be neglect/ab ...

10-year-old Child With Aches And Pains And ComplaintsMay 19, 2010
My son is 10 years old and complains like an old man.  Bless his heart!  My heart breaks for him.  My husband thinks he is just a drama king (and admittedly he can be at times), but I really and truly believe he is in pain and just has health issues.  He tested positive for environmental allergies when he was 7 years old and had allergy shots for awhile, and was on Zyrtec, and a plethora of allergy medications.  Now he is only taking Claritin p.r.n. and seems to be doing ...

Obamacare - Ya Gotta Love It. Crippled Child Mar 21, 2015
I'm linking the article below, but first a comment.  My better half is a coder but works half of the day getting authorizations for treatment.  The clinic (3 docs) is having to consider hiring a full-time person just to do this, because it's become almost impossible to get authorization even for patients who have been on certain meds and treatment protocols for years and literally need them to stay alive or, in other cases, to have any kind of a life at all. I wondered when ...