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my daughters dad is taking me to court for parental rights and contact...?
my daughter is 5 yrs old, her dad left us when she was 15 months old, since then i have brought my daughter up with out his help and support, he used to have her every other weekend, but this stopped because one time himself and his mother threatened not to bring her back to me, her dad has a drug problem with smoking weed and cocaine, he also drinks far too much, he has been coming around to my house to visit his daughter every sunday as i refuse to stop contact for my daughters sake but i also refuse for her to go off with him or his mother without me there, he has now got a court order for parental rights and contact rights every other weekend from friday til sunday, what chance does he have of getting these, he has done nothing for his daughter except take her out (previously) he doesnt support her one bit. please give me info thankyou
16 Answers
- 1 decade agoFavorite Answer
Most courts are going to look at it like this - the girl deserves to have a father in her life on a regular basis and the father deserves to have a relationship with his daughter that is independent of the mother's influence. That being said the court is generally mandated to do what is in the child's best interest. Therefore if there are any safety issue or concerns about his drug use, the court will generally find a way to ensure that the visits continue but that the daughter is safe. One way to do this is to have supervised visitation. They can be supervised by a relative or friend or at a center. Another thing a court can order is regular drug testing, no drinking while he has her in his care. If the grandmother has been a problem in the past her contact can be limited as well.
What you need to realize is that the more you oppose contact or try to prevent contact the more the court will look at you as the "bad guy." What you need to say is " I am willing to allow as much contact as he wants as long as my daughter is safe and well cared for." The other think you need to appreciate is that child support and child visitation are completely separate concepts. The court will NOT link visitation with child support and will not hold the non-payment of support against him.
Good luck.
- 1 decade ago
There's no judge, anywhere that will give visitation rights to a parent who is on drugs of any kind. So unless you can prove, And you need actual evidence, not just hearsay. If you can prove that. Then he won't be granted unsupervised weekend visitations. If he cleans up his act, great. But if he only straightens out for court purposes, and wins. Your going to have alot of work on your hands. Your going to need to pretty much spy on him, investigate, hire someone,etc.. And get the prove you need to stop those visits, for your child's safety. Another thing there's NO WAY, he's getting visitation, without an order to pay child support. He's going to have to pay something, that the judge will decides he can afford. His past actions, or should I say non-actions, I'm sure are going to be addressed also. Trust me, this is going to be a battle for him, that from what you described, he most likely will lose in the long run. Change is a real hard thing for any one to do. Most people don't.
- 1 decade ago
I sympathise with you, my daughter is 7 and her dad walked out of her life 2 years ago and got stuck on drugs! If the courts can see he is not fit enough to care for her then you shouldn't have a problem, His mother shouldn't get a say in it either in court it should just be you and your solicitor( if you have one) and him and his solicitor! My ex threatened me with court but eventually said it was just to scare me. Don't worry and I hope all goes well.
- LouLv 61 decade ago
I am confused you said he has parental rights and contact rights and then you say what are he chances of getting these. So which is it does he have the court orders or not
Also you claim he takes drugs and as a drinking problem unless you can prove this you will look like a nasty ex wife. partner.
When you go to court ask the judge for maintence.
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- Anonymous1 decade ago
all parents have all the rights regarding their children
this rights can only be revoked if the said parent violated or has intention to violated his rights like hurting children cause of drugs alcohol or mental illness also abusing and other physical treat to the children
file a parental support through a family court so you can have some extra financial support for your child and that is legal
if he got access to your chid file a request to the family court that your child can not be taken what ever reason without your consent or your child will not get any passport secondary to your ex passport or passport requested by your ex husband for your child
- 1 decade ago
Typical jerk. he has to prove himself a parent first. children should have both parents involved in their lives. but in a court setting certain issues should be addressed. if he wants to be responsible, ask the court that he do random drug screens. or maybe a breath alcohol test after he drop off your daughter. if he doesnt agree to this it may just make him change his mind about the whole leagal thing. make the exchange at a place where sobriety be an issue in the courts eye. good luck. maybe one day he will realize what is most important in his life.
- 1 decade ago
He has every right in the world. And he has a great chance of it being granted. However, if you suspect that he is an addict, who is active in his addiction. Then you should tell the judge and have him tested for drugs. If he tests positive the chances are very low to zero he will have any rights. However, you need to keep in mind that the two of you need to be mature about this and do what is in the best interest of the child. And if he is clean and sober and is willing to work on a relationship with his child. You need to be able to allow this to happen for the emotional well being of the child. Good luck and God bless****
- The AlchemistLv 41 decade ago
You need to get a court to oversee all this, or at least a solicitor to advise you. He sounds like a right waste of time and I'll bet you're glad to be rid of him.
- 1 decade ago
Let it go to court and explain that you are worried about your ex partners drug/drink problems and how this may affect your daughters well being.
Say you would be prepared to let him have supervised access.
You need to seek legal advice aswell.
Good luck
- 1 decade ago
id get in touch with a solicitor you have every right as a mother to protect your child as you haven't stopped contact you have made it clear that your door is open to visit his child, i went through something similar a few month back, with my sons dad he was making out to every one that i had stopped him having contact he also takes drugs, this i told my solicitor. his mum is going to be biased as she too is looking out for her son get legal advice and if neccesarry tell the courts that you want him to submit a drugs test hope you get things sorted