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Modification & taking away visitation...HELP

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Raven96

Junior Member
Maryland
I’m trying to figure out what the next step is for myself and my children. As it stands right now I have full physical custody and we have shared legal custody w/ a visitation agreement of both children.
So that this doesn’t get confusing, we will call my 6 year olds biological dad Ed (of course not his real name)
The facts are:
Ed and I are the biological parents of our 6 year old.
I have a 9 year old. The biological father past away when she was 2 years old and she is aware of this.
Ed and I have never been married, nor has Ed legally adopted my 9 year old. My 9 year old loves Ed. Calls Ed dad. Ed has been a part of her life since she was 3 years old.
Ed has another child who is 10 years old whom he doesn’t have custody of only visitation of every other weekend. All communication with Ed and the mother goes through her husband.
Ed and I were in a relationship until 2 years ago. Ed, both kids and I lived together. Ed is a substance abuser. Needless to say it was rocky and ended with me getting a protection order against him for myself. Because of the domestic abuse laws in MD and since Ed had never threatened or hit the children they were not included. (This is a whole other issue b/c 80% of abuse is verbal and the laws suck unless you have been beaten w/ bruises afraid of your life)
When I went to establish custody of our 6 year old Ed countered me with asking for ½ legal custody of my 9 year old. Not ever wanting my children to be split up if something were to happen to me I gave it to him. I have sole physical custody of both the kids.
Visitation of both children is supposed to be every other weekend from 6pm Friday until 6pm Sunday and Wednesday evenings from 5:30pm until 8:00pm. There is a specific pick up and drop off location. This was agreed upon and we both signed the agreement in front of a judge.
In a separate case child support is set up for our 6 year old which I also agreed upon less since I get the fact that he had to live too. Ed doesn’t pay anything for my 9 year old. I have never asked him to.
Its been a year…
Ed has never once adhered to the visitation schedule. He has never gotten them on Wednesday evenings. His weekend visitations are either complicated or he will not pick the children up at all. He has gone 3 months not picking them up because he was on house arrest.
I have tried to be flexible, meeting him more than half way on several occasions even dropping them off at his residence and/or picking them up.
Because I do not choose to be with Ed he uses the kids as manipulation devices. Referencing to himself as a “babysitter so I can go out”, he tells the kids that I am the reason why our family isn’t together amongst other things. Threatening to move to a different state and never see the kids again. He has said that he does not want to see or talk to my 9 year old because she isn’t his. He has even threatened to give up all rights so he doesn’t have to pay child support. He has the same custody of both kids in the eyes of the law.
I have even gotten the kids their own phone so that they can call their dad without me having to be involved.
In the last month, because the visitation has been so inconsistent I have gone to have my child support revisited. Ed is pissed!
Since he received the letter the last communication I have gotten from him is to “never contact him again”. He has not seen or talked with the kids for the last 3 weeks.
My 9 year old asked to call her dad today. I let her. She left him a message in which he replied via text “to never contact him again”! Of course I read it before my 9 year old had a chance and turned the phone off. She just thinks he hasn’t gotten her message.
So this is my dilemma…I want all of my custody back! I cannot force him to be a parent/father/dad. I am a good mom. I have and will always be here for my kids and they know that.
I can prove everything. Due to the domestic issues with him I keep records of everything just in case I actually get the balls to take him to court for this.
I have been doing research in how I go about this and everything says “the best interest of the children”. Well what my children want is their dad to be in their lives. The want to be able to love both of us without being scared. I hate what has happened! My heart breaks for them! What is “in the best interest of the children” is for their dad to grow up and put his big boy panties on get over his ego. Accept that although we are not together we still have a job to do and that is to be a parent. The children did not ask to be here it is NOT their fault, you can’t just say “oh well I don’t feel like being a parent today”.
I’m frustrated! I have contacted mediation and they said he will not agree to it.
My nine year old starts counseling Thursday because she is having big behavioral issues. She has started to ask questions about her bio dad and how he died. He committed suicide. I am concerned with the issues surrounding this and the issues with Ed.
I’m just looking for what is my next step…all I do is knock my head against the wall and I need to move forward for my kids and my sanity. Do I need a lawyer or is it a lawyer for my children? Am I right to say you can’t choose which kids you want to visit or not. Am I going crazy? I want the best for my kids…


BTW this situation doesn't seem to effect my 6 year old as much as my 9 year old. My 6 year old doesn't even ask about her dad...


I’m looking for some advice so anything will be appreciated…
 


Ladyback1

Senior Member
What is “in the best interest of the children” is for their dad to grow up and put his big boy panties on get over his ego. Accept that although we are not together we still have a job to do and that is to be a parent. The children did not ask to be here it is NOT their fault, you can’t just say “oh well I don’t feel like being a parent today”.
oh honey! While this is true (and the way you phrased made me giggle!;)), sometimes it just isn't going to happen.
Sorry, I deal with the same kind of personality/character flaw with my Ex, and haven't figured out the answers.

Best advice is love your kids, do what you have to protect them and provide for them. You can't control him, you can't control his actions. You can only control your actions/reactions, and your behavior.
 

Ohiogal

Queen Bee
Maryland
I’m trying to figure out what the next step is for myself and my children. As it stands right now I have full physical custody and we have shared legal custody w/ a visitation agreement of both children.
So that this doesn’t get confusing, we will call my 6 year olds biological dad Ed (of course not his real name)
The facts are:
Ed and I are the biological parents of our 6 year old.
I have a 9 year old. The biological father past away when she was 2 years old and she is aware of this.
Ed and I have never been married, nor has Ed legally adopted my 9 year old. My 9 year old loves Ed. Calls Ed dad. Ed has been a part of her life since she was 3 years old.
Ed has another child who is 10 years old whom he doesn’t have custody of only visitation of every other weekend. All communication with Ed and the mother goes through her husband.
Ed and I were in a relationship until 2 years ago. Ed, both kids and I lived together. Ed is a substance abuser. Needless to say it was rocky and ended with me getting a protection order against him for myself. Because of the domestic abuse laws in MD and since Ed had never threatened or hit the children they were not included. (This is a whole other issue b/c 80% of abuse is verbal and the laws suck unless you have been beaten w/ bruises afraid of your life)
When I went to establish custody of our 6 year old Ed countered me with asking for ½ legal custody of my 9 year old. Not ever wanting my children to be split up if something were to happen to me I gave it to him. I have sole physical custody of both the kids.
Visitation of both children is supposed to be every other weekend from 6pm Friday until 6pm Sunday and Wednesday evenings from 5:30pm until 8:00pm. There is a specific pick up and drop off location. This was agreed upon and we both signed the agreement in front of a judge.
In a separate case child support is set up for our 6 year old which I also agreed upon less since I get the fact that he had to live too. Ed doesn’t pay anything for my 9 year old. I have never asked him to.
Its been a year…
Ed has never once adhered to the visitation schedule. He has never gotten them on Wednesday evenings. His weekend visitations are either complicated or he will not pick the children up at all. He has gone 3 months not picking them up because he was on house arrest.
I have tried to be flexible, meeting him more than half way on several occasions even dropping them off at his residence and/or picking them up.
Because I do not choose to be with Ed he uses the kids as manipulation devices. Referencing to himself as a “babysitter so I can go out”, he tells the kids that I am the reason why our family isn’t together amongst other things. Threatening to move to a different state and never see the kids again. He has said that he does not want to see or talk to my 9 year old because she isn’t his. He has even threatened to give up all rights so he doesn’t have to pay child support. He has the same custody of both kids in the eyes of the law.
I have even gotten the kids their own phone so that they can call their dad without me having to be involved.
In the last month, because the visitation has been so inconsistent I have gone to have my child support revisited. Ed is pissed!
Since he received the letter the last communication I have gotten from him is to “never contact him again”. He has not seen or talked with the kids for the last 3 weeks.
My 9 year old asked to call her dad today. I let her. She left him a message in which he replied via text “to never contact him again”! Of course I read it before my 9 year old had a chance and turned the phone off. She just thinks he hasn’t gotten her message.
So this is my dilemma…I want all of my custody back! I cannot force him to be a parent/father/dad. I am a good mom. I have and will always be here for my kids and they know that.
I can prove everything. Due to the domestic issues with him I keep records of everything just in case I actually get the balls to take him to court for this.
I have been doing research in how I go about this and everything says “the best interest of the children”. Well what my children want is their dad to be in their lives. The want to be able to love both of us without being scared. I hate what has happened! My heart breaks for them! What is “in the best interest of the children” is for their dad to grow up and put his big boy panties on get over his ego. Accept that although we are not together we still have a job to do and that is to be a parent. The children did not ask to be here it is NOT their fault, you can’t just say “oh well I don’t feel like being a parent today”.
I’m frustrated! I have contacted mediation and they said he will not agree to it.
My nine year old starts counseling Thursday because she is having big behavioral issues. She has started to ask questions about her bio dad and how he died. He committed suicide. I am concerned with the issues surrounding this and the issues with Ed.
I’m just looking for what is my next step…all I do is knock my head against the wall and I need to move forward for my kids and my sanity. Do I need a lawyer or is it a lawyer for my children? Am I right to say you can’t choose which kids you want to visit or not. Am I going crazy? I want the best for my kids…


BTW this situation doesn't seem to effect my 6 year old as much as my 9 year old. My 6 year old doesn't even ask about her dad...


I’m looking for some advice so anything will be appreciated…
Dad can choose which children to visit. Especially when one of the children legally and biologically is NOT his. His legal child is the only one he has rights to and responsibilities for.
 

stealth2

Under the Radar Member
Maryland
I’m trying to figure out what the next step is for myself and my children. As it stands right now I have full physical custody and we have shared legal custody w/ a visitation agreement of both children.
So that this doesn’t get confusing, we will call my 6 year olds biological dad Ed (of course not his real name)
The facts are:
Ed and I are the biological parents of our 6 year old.
I have a 9 year old. The biological father past away when she was 2 years old and she is aware of this.
Ed and I have never been married, nor has Ed legally adopted my 9 year old. My 9 year old loves Ed. Calls Ed dad. Ed has been a part of her life since she was 3 years old.
Ed has another child who is 10 years old whom he doesn’t have custody of only visitation of every other weekend. All communication with Ed and the mother goes through her husband.
Ed and I were in a relationship until 2 years ago. Ed, both kids and I lived together. Ed is a substance abuser. Needless to say it was rocky and ended with me getting a protection order against him for myself. Because of the domestic abuse laws in MD and since Ed had never threatened or hit the children they were not included. (This is a whole other issue b/c 80% of abuse is verbal and the laws suck unless you have been beaten w/ bruises afraid of your life)
When I went to establish custody of our 6 year old Ed countered me with asking for ½ legal custody of my 9 year old. Not ever wanting my children to be split up if something were to happen to me I gave it to him. I have sole physical custody of both the kids.
Visitation of both children is supposed to be every other weekend from 6pm Friday until 6pm Sunday and Wednesday evenings from 5:30pm until 8:00pm. There is a specific pick up and drop off location. This was agreed upon and we both signed the agreement in front of a judge.
In a separate case child support is set up for our 6 year old which I also agreed upon less since I get the fact that he had to live too. Ed doesn’t pay anything for my 9 year old. I have never asked him to.
Its been a year…
Ed has never once adhered to the visitation schedule. He has never gotten them on Wednesday evenings. His weekend visitations are either complicated or he will not pick the children up at all. He has gone 3 months not picking them up because he was on house arrest.
I have tried to be flexible, meeting him more than half way on several occasions even dropping them off at his residence and/or picking them up.
Because I do not choose to be with Ed he uses the kids as manipulation devices. Referencing to himself as a “babysitter so I can go out”, he tells the kids that I am the reason why our family isn’t together amongst other things. Threatening to move to a different state and never see the kids again. He has said that he does not want to see or talk to my 9 year old because she isn’t his. He has even threatened to give up all rights so he doesn’t have to pay child support. He has the same custody of both kids in the eyes of the law.
I have even gotten the kids their own phone so that they can call their dad without me having to be involved.
In the last month, because the visitation has been so inconsistent I have gone to have my child support revisited. Ed is pissed!
Since he received the letter the last communication I have gotten from him is to “never contact him again”. He has not seen or talked with the kids for the last 3 weeks.
My 9 year old asked to call her dad today. I let her. She left him a message in which he replied via text “to never contact him again”! Of course I read it before my 9 year old had a chance and turned the phone off. She just thinks he hasn’t gotten her message.
So this is my dilemma…I want all of my custody back! I cannot force him to be a parent/father/dad. I am a good mom. I have and will always be here for my kids and they know that.
I can prove everything. Due to the domestic issues with him I keep records of everything just in case I actually get the balls to take him to court for this.
I have been doing research in how I go about this and everything says “the best interest of the children”. Well what my children want is their dad to be in their lives. The want to be able to love both of us without being scared. I hate what has happened! My heart breaks for them! What is “in the best interest of the children” is for their dad to grow up and put his big boy panties on get over his ego. Accept that although we are not together we still have a job to do and that is to be a parent. The children did not ask to be here it is NOT their fault, you can’t just say “oh well I don’t feel like being a parent today”.
I’m frustrated! I have contacted mediation and they said he will not agree to it.
My nine year old starts counseling Thursday because she is having big behavioral issues. She has started to ask questions about her bio dad and how he died. He committed suicide. I am concerned with the issues surrounding this and the issues with Ed.
I’m just looking for what is my next step…all I do is knock my head against the wall and I need to move forward for my kids and my sanity. Do I need a lawyer or is it a lawyer for my children? Am I right to say you can’t choose which kids you want to visit or not. Am I going crazy? I want the best for my kids…


BTW this situation doesn't seem to effect my 6 year old as much as my 9 year old. My 6 year old doesn't even ask about her dad...


I’m looking for some advice so anything will be appreciated…
Please know I am not trying to be harsh, but you are operating under some misconceptions. Ed is under no obligation to use visitation rights. The are rights, not requirements. He can choose to see his child, or not. Nor is he under any obligation to see - or support - your 9yo. She is YOUR 9yo, not his. This is one of the inherent dangers in allowing her to bond so closely with someone who was not willing to commit to either of you. Unfortunately, you both kind of set her up for this trauma. I hope others reading this who may be in similar situations will take heed before heading down the same path.

Good job on getting her into therapy - dealing with abandonment from two parental figures is tough on an adult, let alone a small child. I doubt there is any need to reveal the exact circumstances of her father's death at this point in time. I'd discuss it with the therapist and go from there - she can learn details when she is at a more stable emotional position/age.

And yes, you can choose to see one child and not the other - even when both are yours. Even more so when one is not. Not nice, perhaps, but perfectly legitimate. Sorry you find yourself in this situation.
 

single317dad

Senior Member
Dad can choose which children to visit. Especially when one of the children legally and biologically is NOT his. His legal child is the only one he has rights to and responsibilities for.
Responsibilities, maybe, but Ed was given shared legal custody and visitation rights for the non-biological child.
 

Raven96

Junior Member
Dad can choose which children to visit. Especially when one of the children legally and biologically is NOT his. His legal child is the only one he has rights to and responsibilities for.
Well he countered me with a lawyer for the exact same custody of both children. So even though she is NOT biologically, adopted whatever Ed's, he countered "1/2 legal custody and visitation" of both.

My feeling is he shouldn't have rights to either and I know with my 9 year old this will be easy b/c he is not her biological father and doesn't provide support for her.

That's fine...I will deal with those ramifications. That doesn't mean that he is NOT responsible for the one that is biologically his.
 

Ohiogal

Queen Bee
Well he countered me with a lawyer for the exact same custody of both children. So even though she is NOT biologically, adopted whatever Ed's, he countered "1/2 legal custody and visitation" of both.

My feeling is he shouldn't have rights to either and I know with my 9 year old this will be easy b/c he is not her biological father and doesn't provide support for her.

That's fine...I will deal with those ramifications. That doesn't mean that he is NOT responsible for the one that is biologically his.
Continue with an attorney then. YOU allowed him to get him responsibility for the 9 year old by not fighting it. That is on you. He doesn't OWE you a penny for the nine year old. YOU agreed he should have visitation. Responsibility for the other means child support. It doesn't mean visitation.
 

Raven96

Junior Member
Btw I have never and will never ask for any financial support for my 9 year old ever! I have and will always provide for her!

Child support deals with the one that IS biologically his that he feels he shouldn't have to pay for, visit or talk to!

I wasn't asking to be judged and reaffirmed that my 9 year old isn't BIOLOGICALLY and he is NOT financially responsible for her even though he does by law have the SAME physical/emotional responsibility for both. I know this! Getting sole legal custody of her is going to be easy!

More asking how to proceed with getting his 1/2 legal custody and visitation revoked for my 6 year old because in reality he could careless about her!
 

CJane

Senior Member
It's more difficult than you could imagine to have visitation revoked once it's in place. The courts will almost always leave it in place "just in case" a parent chooses to eventually step up and parent. Is it POSSIBLE? Yes. Is it LIKELY? Not really.

My suggestion is to just assume he's not going to use his time unless you hear differently, and go on with your life.
 

Silverplum

Senior Member
Btw I have never and will never ask for any financial support for my 9 year old ever! I have and will always provide for her!

Child support deals with the one that IS biologically his that he feels he shouldn't have to pay for, visit or talk to!

I wasn't asking to be judged and reaffirmed that my 9 year old isn't BIOLOGICALLY and he is NOT financially responsible for her even though he does by law have the SAME physical/emotional responsibility for both. I know this! Getting sole legal custody of her is going to be easy!

More asking how to proceed with getting his 1/2 legal custody and visitation revoked for my 6 year old because in reality he could careless about her!
Really, this sounds more like an emotion-based course of action. I'd advise the same as CJane.
 

mommyanme

Member
Really, this sounds more like an emotion-based course of action. I'd advise the same as CJane.
I agree with CJane also, until she calms down and removes her anger and hurt from this. Then I'd offer the same advice I was given, for my situation.

1. Get counseling, for both kids and yourself, you need to have the tools to handle their questions and emotions effectively.
2. Wait 1 year of Dad not being around, then seek out the advice of an attorney to only suspending visitation pending him returning to his child's life. OR leave it as is and when/IF he ever shows back up get yourself to an attorney for a "reintroduction period" and request Dad attend counseling with your mutual child.

As for your oldest, while my husband's death was natural causes, I understand what you have dealt with. But, speaking from experience you were correct in addressing her Dad's death from the beginning, I applaud you, because some will not. I also did even though my daughter was 3. I never had to give details until the preteen years, when she asked how her Dad died. In my case it was easier to explain than it will be for you, I understand that. But begin "teaching" her about her Dad now, be honest, good, bad and ugly, but not brutal. I have never made my late husband out to be a saint, but he was no monster either, when she asked about our marriage I was honest. Yes I've left things out not suitable for a teenage girl. But I think you get the gist of what I'm saying?
Take her to his grave, let her mourn the way she couldn't at the age of 2, let her know you're there and you will be open and let her talk about him. Address with your counselor on how to approach the subject for when she is older. You need to work with her closely and your youngest needs it too. No matter how much you may be angry with Dad, she may only be keeping quiet IF she has seen your anger and frustration about it. Even if it makes your tongue and ears bleed, grab a big towel and let her know it's okay to love him and talk about him.

When the time comes for a new relationship, do not EVER allow him to become "Dad" to either of them, I'm not judging, I'm saying learn from this situation. Teach them that while adults do gain respect, new relationships must EARN their respect beyond the person being an adult.
 

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