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How to legally remove joint custody and visitation rights?
My dad currently has joint custody and visitation rights under a court order. The court gave him these rights when i was just a baby. I am not almost fifteen and have not seen him since I was a few months old. Is there a way I can get rid of these rights without having him present? I live in Washington state, if it matters.
8 Answers
- Anonymous1 decade agoFavorite Answer
Since you're only 15, you personally can't do anything about the visitation.
Talk to your mom about this. She will have to get an attorney and go to court to have the original order changed. I don't think he has to be there, but I'm not an attorney.
Since he hasn't seen you since you were small, he's not really exercising his rights and taking them away will do nothing. I hope he's at least paying child support.
Good luck.
- Belinda28Lv 51 decade ago
Only if there is another adult that is willing to adopt you. The court will not relinquish rights without another adult willing to adopt you, so they will be the coparent w/ your mom. If there was someone, they would have to petition the court and your dad would have to be summons. If he did not show up or if you can prove abandonment (not seeing you, no contact at all, no child support, nothing for a long period of time) then you may have a chance.
You have 3 more years. Does he pay child support?
- Anonymous1 decade ago
I feel TBelle's answer sums it up rather well -- I'm sure the Judge would not force you to go.
My only thing to add to the situation would be if he hasn't seen you since you were a few months old, why do you care if he has the right to do so or not? I mean obviously if he hasn't come around for 15 years he isn't going to start now.
If he does come around, politely refuse to see him and explain why -- your Mom will back you I'm sure.
I'd try to let it go and move on. No sense thinking about it all the time, be happy. :) You're young!
Good luck. :)
- TBelleLv 41 decade ago
You cannot do anything, but your mother could petition for you. State laws vary. But at 15, most judges are not going to force you kicking and screaming to see your father.
Your mother needs to get with an atty and file a modification. Be advised, the judge may not agree to it and you will still have to visit. Some states will allow children to fill out a preference affadavit. The atty can answer that. But no way to do it without him present, he has rights.
You could just refuse to go and let your dad take your mom back to court for contempt and she can explain to the judge that you are refusing to go. They are not going to expect her to carry you and put you in the car.
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- WaynerLv 71 decade ago
Your mother will have to go to court to have this done. He will have to be declared an unfit parent or some such thing - this is often very difficult to do. Also - your mother may get child support and an action such as this may get that looked at again, too.
Or you can get yourself declared as emancipated minor.
WHY do you want to do this? If you haven't seen him, what has he done? Are you mad at him because he doesn't spend time with you? Maybe you (or your mother) should contact him and tell him that he should spend more time with his daughter. If you are doing this to punish him, why don't you just let it ride until you turn 18. Then you won't have to deal with him if you don't want to. But why be vindicative if you don't have to?
- 1 decade ago
It may be set up that way so your mom gets child support. You can't do anything your mom will have to. Unless he is starting to contact you I don't see why it would make any difference. It will cost your mom money to have him removed by going to court. He will have to be contacted or at least the attorney will have to try and contact him.
- sunbunLv 61 decade ago
you can try to become legally independent by emancipation; however,15 is rather young yet to be emancipated. Contact an attorney
- Anonymous1 decade ago
you need to go to the law and ethics section...or better yet, a lawyer