• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Following prior court orders

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

crystaly

Member
What is the name of your state? California

My daughters father has taken me to court several times since her birth to get custody but has only succeeded in getting supervised visitation due to her age and having no relationship with her. He has been court ordered to take an age appropriate parenting class and a co-parenting class within 3 months of the last order (which was never done). That was in July of 2003. He was also ordered supervised visitation by a county low cost supervisor which he never exersized. However I did volunteer one hour a week of my time for supervised visitation to help him out due to the cost of supervisory visitation. He showed up for only 12 total hours in the year 2003 and in January of 2004 all contact with him stopped. No phone calls or anything. In May of 2004 I was informed that he was put in prison in April. Still no contact was ever made with my daughter. I recently found out he was released from prison in April of this year and last month I received court papers saying he is taking me back to court to change the court order from 12 hours a week supervised to 3 hours a week supervised and hes trying to get the court to order that I do all of the supervising. He has also made claims on the OSC that I made it clear to him that i did not want him to have a relationship with our daughter. I have never stopped him from seeing her and all i have ever done is helped him to be able to see her. Even after receiving the new court papers he still has not contacted our daughter. I have lived in the same place for almost 3 years with the same phone number and still working at the same place. So it has nothing to do with whether or not he can find me. I'm not hiding. Nor would I ever go against a court order. So my question is, Do I have anything to worry about, can and will they order me to supervise his visits? I have no interest in being around this man. He is a thief and my husband does not want him in our home. Every word out of his mouth is a lie and on his court papers he makes me out to be the worst person ever and all I have done is help in him having some sort of a relationship with our daughter. Will the courts see right through all of his lies? I feel its all just harrassment. If a man really wants to see his child he would come see her...we already have a court order, he could visit her if he wanted but he doesn't. Not even one little phone call to ask how she is doing. I'm not sure what going to court will accomplish except make him look like an idiot. How many people go to court to reduce their visitation???
 


casa

Senior Member
crystaly said:
What is the name of your state? California

My daughters father has taken me to court several times since her birth to get custody but has only succeeded in getting supervised visitation due to her age and having no relationship with her. He has been court ordered to take an age appropriate parenting class and a co-parenting class within 3 months of the last order (which was never done). That was in July of 2003. He was also ordered supervised visitation by a county low cost supervisor which he never exersized. However I did volunteer one hour a week of my time for supervised visitation to help him out due to the cost of supervisory visitation. He showed up for only 12 total hours in the year 2003 and in January of 2004 all contact with him stopped. No phone calls or anything. In May of 2004 I was informed that he was put in prison in April. Still no contact was ever made with my daughter. I recently found out he was released from prison in April of this year and last month I received court papers saying he is taking me back to court to change the court order from 12 hours a week supervised to 3 hours a week supervised and hes trying to get the court to order that I do all of the supervising. He has also made claims on the OSC that I made it clear to him that i did not want him to have a relationship with our daughter. I have never stopped him from seeing her and all i have ever done is helped him to be able to see her. Even after receiving the new court papers he still has not contacted our daughter. I have lived in the same place for almost 3 years with the same phone number and still working at the same place. So it has nothing to do with whether or not he can find me. I'm not hiding. Nor would I ever go against a court order. So my question is, Do I have anything to worry about, can and will they order me to supervise his visits? I have no interest in being around this man. He is a thief and my husband does not want him in our home. Every word out of his mouth is a lie and on his court papers he makes me out to be the worst person ever and all I have done is help in him having some sort of a relationship with our daughter. Will the courts see right through all of his lies? I feel its all just harrassment. If a man really wants to see his child he would come see her...we already have a court order, he could visit her if he wanted but he doesn't. Not even one little phone call to ask how she is doing. I'm not sure what going to court will accomplish except make him look like an idiot. How many people go to court to reduce their visitation???
Unless you are leaving facts out- You shouldn't have anything to worry about.

The judge's first question will be if he's been following the previous court order- which he has not. He'll likely be ordered to undergo the classes again, since he didn't do it the first time.

Did I read correctly he is filing to DECREASE his parenting time from 12 hours to 3 hours? How ridiculous.

If you feel he is making allegations towards you that are untrue- advise the judge that you do not want to be the supervisor of visits due to untrue allegations made against you by the father. Ask that the previous order with an appointed supervisor remain part of the court order.

He hasn't complied with anything he's been ordered by the court to do, he's been sent to jail in the interim, and he's filing to decrease his parenting time? That's not bound to get him far in the court's eyes.
 

crystaly

Member
casa said:
Unless you are leaving facts out- You shouldn't have anything to worry about.

The judge's first question will be if he's been following the previous court order- which he has not. He'll likely be ordered to undergo the classes again, since he didn't do it the first time.

Did I read correctly he is filing to DECREASE his parenting time from 12 hours to 3 hours? How ridiculous.

If you feel he is making allegations towards you that are untrue- advise the judge that you do not want to be the supervisor of visits due to untrue allegations made against you by the father. Ask that the previous order with an appointed supervisor remain part of the court order.

He hasn't complied with anything he's been ordered by the court to do, he's been sent to jail in the interim, and he's filing to decrease his parenting time? That's not bound to get him far in the court's eyes.
Well I didn't think I needed to put the whole entire story cause it just makes him look worse. He took me to court when I was pregnant with her to get custody. The judge automatically threw it out cause I was still pregnant. Then when she was a little over a year he took me to court again (after he was released from prison) for custody and of course since there was no relationship and he had no prior knowledge of caring for a baby they only gave him supervised. And then again 6 months later to try and get custody and they were mad that he never followed the prior court orders for parenting classes and that he wasn't being a good parent and thinking of our childs best interest. And that she can never be in his home because he refused to quit smoking in the house and around her and she is severly asmatic. He has finally given up on going after custody.

Yes..that is what I said.. DECREASE. I thought it was all crazy too when I got the papers in the mail. Why would anyone file a suit against someone for LESS visitation. He claims on his paperwork, that I made it clear to him that I did not want him to have a relationship with our child so he voluntarily stopped visiting. I never did any such thing, i was kinda suprised that I never heard from him again after christmas. he is also claiming that he could not afford further court action and that he had a massive heart attack and that is why he has not persued court action. Although he is pursing it now that he is on dissability and also trying to lower his child support (which he has not paid in over 2 years). Thank you for your response, I feel better knowing that I'm not the only one that thinks this whole thing is rediculous. And thank you for the advice.
 

crystaly

Member
Update

Well we went to court and the mediator recommended reunification therapy. So now my daughter since she is 4 and does not even know of this man has to go to therapy to get introduced to him.

Well the therapist called about my daughters reunification therapy. I go in on Sunday for my intake interview. She said her main concern is that he may go back to prison. Apparently he told her about his entire past. She asked me if I knew about all of it. I only know about the last 5 years. She then told me how she was concerned aobut her own stuff while he was in her office because of his extensive criminal background. I told her that I felt he will end up back in prison, because he always does. She is already feeling like this is a waiste of time. She asked him to bring her all of our mediation reports but he said he foregot them. They of course don't say very nice stuff about him in them, so how convenient for him to foreget them. She asked me if I could bring them and all of the court orders. Oh, and she knows our judge very well.

I also remember that he was supposed to take an age appropriate parenting class back when my daughter was two and he never did. He tried to say he was in one and gave me a letter signed by someone but it had no phone numbers on it so I could not reach anyone. Well I finally got ahold of the organization that it says was sponsoring the class and they said that they have never ever had any sort of parenting classes here in the state of california. I'm going to give the email to the therapist to prove why I cannot trust him. He fabricates everything.

However I got the court to order that he have NO access to my duaghters social security card because of his tendencies to commit crimes that lean toward identity theft.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top