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Previously Absent Father

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HerVoice

Junior Member
What is the name of your state (only U.S. law)? Ohio

I have two issues that I am curious about. I will start with this one as I feel that it is the less complicated of the two. I will start a new thread for the other issue.

My granddaughter will be 4 years old in a few months. Her father has had no contact with her in a little over 2 years. This has been his choice. He and my daughter were never married, however he did sign the baby's birth certificate and he has paid support regularly since the support order was put into effect.

Last week, he contacted my daughter out of the blue asking how his daughter is doing. He apologized for walking away from his daughter, and for not being there for her. My daughter had started a facebook page for my granddaughter when she was very young because we have family all over the US and this was a way for them to see pictures and video of my granddaughter. Her father is on her friends list. He said he looks at her pictures and watches her videos all the time, that he misses her, and he wants to be a part of her life.

My daughter pretty much told him to go screw himself. I told her he does have rights, even though he has been absent from her life for so long. My daughter seems to think that no judge will give him any kind of contact with his child because he went over 2 years without seeing her. She also wants him to give up his parental rights.

My questions are: Can the father get visitation rights even though he has been absent from her life for over 2 years? (I'm pretty sure this is a yes, but I'm not a legal expert.)
Can a father sign away his parental rights just because the mother doesn't want him to be in the child's life? (Again, pretty sure I know the answer here a no...)
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Ohio

I have two issues that I am curious about. I will start with this one as I feel that it is the less complicated of the two. I will start a new thread for the other issue.

My granddaughter will be 4 years old in a few months. Her father has had no contact with her in a little over 2 years. This has been his choice. He and my daughter were never married, however he did sign the baby's birth certificate and he has paid support regularly since the support order was put into effect.

Last week, he contacted my daughter out of the blue asking how his daughter is doing. He apologized for walking away from his daughter, and for not being there for her. My daughter had started a facebook page for my granddaughter when she was very young because we have family all over the US and this was a way for them to see pictures and video of my granddaughter. Her father is on her friends list. He said he looks at her pictures and watches her videos all the time, that he misses her, and he wants to be a part of her life.

My daughter pretty much told him to go screw himself. I told her he does have rights, even though he has been absent from her life for so long. My daughter seems to think that no judge will give him any kind of contact with his child because he went over 2 years without seeing her. She also wants him to give up his parental rights.

My questions are: Can the father get visitation rights even though he has been absent from her life for over 2 years? (I'm pretty sure this is a yes, but I'm not a legal expert.)
Can a father sign away his parental rights just because the mother doesn't want him to be in the child's life? (Again, pretty sure I know the answer here a no...)
Yes.
No.

Please don't start another thread. Keep issues related to this matter in the same thread. Also, please have one of the legally involved parties log on to ask their own questions if they are anything more than general in nature.
 

HerVoice

Junior Member
I just realized I put this in the Grandparents section. My next question needs to go in this section. I don't know how to move it. Sorry for the confusion.
 

Eekamouse

Senior Member
Ask your daughter how fast she'd be screaming if her child's father stopped his child support payments. He's been there for his kid financially. If he wants to start seeing his kid again now, there's no way she's going to be able to prevent that. She may be able to get the court to agree on a slow build up to regular visitation but if she thinks she can stop it altogether, she's an idiot. You may want to tell her this isn't about her. It's about her child having a father in their life. Nobody cares how angry she is at the father.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ohio

I have two issues that I am curious about. I will start with this one as I feel that it is the less complicated of the two. I will start a new thread for the other issue.

My granddaughter will be 4 years old in a few months. Her father has had no contact with her in a little over 2 years. This has been his choice. He and my daughter were never married, however he did sign the baby's birth certificate and he has paid support regularly since the support order was put into effect.

Last week, he contacted my daughter out of the blue asking how his daughter is doing. He apologized for walking away from his daughter, and for not being there for her. My daughter had started a facebook page for my granddaughter when she was very young because we have family all over the US and this was a way for them to see pictures and video of my granddaughter. Her father is on her friends list. He said he looks at her pictures and watches her videos all the time, that he misses her, and he wants to be a part of her life.

My daughter pretty much told him to go screw himself. I told her he does have rights, even though he has been absent from her life for so long. My daughter seems to think that no judge will give him any kind of contact with his child because he went over 2 years without seeing her. She also wants him to give up his parental rights.

My questions are: Can the father get visitation rights even though he has been absent from her life for over 2 years? (I'm pretty sure this is a yes, but I'm not a legal expert.)
Can a father sign away his parental rights just because the mother doesn't want him to be in the child's life? (Again, pretty sure I know the answer here a no...)
Your daughter can have that attitude. A judge can give dad custody if mom fights that too hard. Dad will get a temporary order for visitation while the process works its way through the system. If mom continues to fight against dad having any time because she is stomping her feet and denies dad time, she may find herself losing custody. And no, dad cannot sign away his parental rights just because your daughter is acting like an immature brat.
 

Proserpina

Senior Member
Oh Grandma - this is one situation where you might be able to influence your daughter.

It's like this: If he files, he WILL get some sort of visitation. It will likely be supervised at first, and in Mom's locale. Eventually though, she has to face the reality that eventually Dad will get overnights, weekends and whole months in the summer.

PLEASE try to get your daughter to see the reality. She's going to be co-parenting for a long, long time with him - it's going to be much easier if she accepts the reality now instead of fighting it.

You're also right on both questions. Yes, he can get some sort of custody. No, he can't "sign off" unless your daughter is married and her husband wishes to adopt the child.

Grandparents often get a good telling off on these forums (and unfortunately they sometimes need it), but you don't seem like that type. So I'm comfortable trying to help you.
 

Ohiogal

Queen Bee
In what county does your daughter live? If you tell me that, I may be able to provide MORE specific information regarding what the court will do. I know several that if your daughter walks in with the attitude you state she has, the court will hold her feet to the fire regarding visits. If she is found to deny any visits during a temporary orders period, she could face jail/fines as well as losing custody.
 

Proserpina

Senior Member
In what county does your daughter live? If you tell me that, I may be able to provide MORE specific information regarding what the court will do. I know several that if your daughter walks in with the attitude you state she has, the court will hold her feet to the fire regarding visits. If she is found to deny any visits during a temporary orders period, she could face jail/fines as well as losing custody.


I really do hope she comes back to tell you, seriously. That would be an excellent idea.
 

Ohiogal

Queen Bee
I really do hope she comes back to tell you, seriously. That would be an excellent idea.
In my county, I currently have a case where mom was denying visits. Why? The child was busy and dad per her wasn't around enough so he didn't get visits. The magistrate read her the riot act for five straight minutes about how she better get with the program because at this point based strictly on her statement that dad wasn't around enough so the child had better things to do mom would be the one visiting and paying for dad's legal fees because mom wasn't helping matters. Thankfully she was not my client. But still.... yeah.. I have seen quite a few of those lectures in the counties I work in. It never goes well for the one who figures the child doesn't need a relationship with the other parent.


If mom is smart, she will start setting up visits with dad and the child where maybe (lo and behold) grandma can take the child to Chuck E Cheese or somewhere so dad can have an hour or two every week or so and see how those go. I don't normally recommend grandma go but grandma seems reasonable AND she doesn't seem like she is anti dad. That way child can be in a safe place and can play with dad and eat cardboard pizza. Grandma can sit back and watch. The relationship can build and dad can work into their county's standard visitation (that the court would give him anyway unless he is a danger) and mom would be given points for a) allowing dad to build a relationship and b) having it safe for the child without looking like she is micromanaging. That would be a big win for her in court.
 

HerVoice

Junior Member
Oh Grandma - this is one situation where you might be able to influence your daughter.

It's like this: If he files, he WILL get some sort of visitation. It will likely be supervised at first, and in Mom's locale. Eventually though, she has to face the reality that eventually Dad will get overnights, weekends and whole months in the summer.

PLEASE try to get your daughter to see the reality. She's going to be co-parenting for a long, long time with him - it's going to be much easier if she accepts the reality now instead of fighting it.

You're also right on both questions. Yes, he can get some sort of custody. No, he can't "sign off" unless your daughter is married and her husband wishes to adopt the child.

Grandparents often get a good telling off on these forums (and unfortunately they sometimes need it), but you don't seem like that type. So I'm comfortable trying to help you.

I only want what is best for my granddaughter. To be honest, I was not a fan of the father when they were together - however, I believe that everyone has the ability to change, everyone deserves a second chance, and no matter how I feel about him (or how my daughter feels about him) he IS my granddaughter's father and he has the right to be a part of her life if he chooses to do so, and my granddaughter has the right to know her father.

I have tried to reason with my daughter on this issue - but she won't hear anything I have to say. Not about this matter, or the other matter I will be posting about soon. She believes that she is right, and that things will be her way or no way.
 

HerVoice

Junior Member
*Deep breath* Ok...I am honestly scared to death to post this in open forum. But because I want what is best for my granddaughter, I am going to bite the bullet and do it. This has the potential to be a very long post - years worth of information. Please bear with me, and feel free to ask questions to clarify anything that I don't make clear.

My daughter and granddaughter have lived with me on and off since the day after my granddaughter was born. When my granddaughter was 10 months old, my daughter moved into an apartment with a man she had only known a few short months. I knew the man was abusive to my daughter, but I could not get her to admit it. I kept my granddaughter every day while my daughter worked. I checked her every day for signs of abuse. Thankfully, I never found any signs of abuse on my granddaughter (physical abuse, anyway). The relationship lasted 4 months, my daughter had finally had enough of the abuse and she moved back home with me. A few short months later, she started dating another man who was also abusive to her. He was also quite harsh with my granddaughter, and acted like he was her father - even posting things on facebook such as "Me and my girlfriend have an 18 month old daughter..." It made me sick. Even though she never fully moved in with this guy, she stayed with him at least 5 nights a week, and had my granddaughter with her. That relationship quickly fizzled also, but my daughter jumped straight into another unhealthy relationship. This one lasted ten months, and it was ten months of hell for my granddaughter - and for me.

This man demanded that my granddaughter call him "daddy" ...any time she called him by his name, he would quickly say "No, I'm daddy!" He expected perfection from a 2 year old little girl. She was not allowed to get dirty, he felt that she should be potty trained and punished her harshly when she would have accidents, he restricted her access to drinks because if she drank too much that was the reason she was peeing her pants in his mind. She was forced to ask before touching anything - even her own toys - and she had to say "Daddy can I please...(whatever she wanted to do) ... if she didn't say it just right, he would tell her to try again. She was also not allowed to make a mess of any kind. If she spilled something on her highchair tray, he would say "Messes make daddy very angry. Do you want daddy to be very angry?" He kept my granddaughter while my daughter worked (he did not work the entire time they were together). I would walk into the house to find him sitting on the couch watching tv eating his supper, and my granddaughter would be in a highchair on the other side of the room, with her back towards him and the tv, eating her supper. I walked in on this on several occasions. Also, numerous times when I would go to their house when my daughter was working, I would find him asleep on the couch, and my granddaughter would be baby-gated in her room. Then, when I approached my daughter with my concerns about my granddaughter and the care she was getting, he would restrict my access to my granddaughter. I would go weeks without seeing her for such minor infractions as allowing her to color with markers and getting marker on her hands or clothes.

I noticed that my granddaughter had frequent UTI's. At first, I thought it was because she was taking bubble baths every night, coupled with the fact that she was potty training and maybe wasn't being wiped properly. I was with my daughter at one of the appointments she took my granddaughter to where the doctor asked if my daughter suspected any kind of sexual abuse. My daughter didn't hesitate - the question wasn't fully out of the doctors mouth and my daughter was saying "No! Absolutely not!" But it made me start thinking. The relationship ended 13 months ago and my granddaughter has not had one UTI since she moved back into my home.

2 months ago, my daughter informed me that she had been talking to this man again - and that they are going to try to work things out. My heart sank. Around the time my daughter reintroduced my granddaughter to this man, my husband and I started noticing changes in our granddaughter. She is having accidents in her pants again - something she hasn't done in a year. She has started throwing fits - again, something she normally does not do. When my daughter tells my granddaughter that they are going out to dinner with this man, or having a sleepover at his house, my granddaughter has a major meltdown. She cries, she says she doesn't want to go, she begs her mom to let her stay with me. My daughter always ends up carrying her out of the house kicking and screaming.

My daughter has also become very harsh with my granddaughter since she started dating this man again. There have been a couple of times when they have gone out with this man and my daughter had brought my granddaughter home after an hour or so telling me right in front of my granddaughter that she is "the most horrible child ever!" and that she can't act right in public. (For the record, I take her shopping, out to eat, to church, and she is perfectly well behaved 95 percent of the time.) My daughter screams at my granddaughter and spanks her every day and puts her in the corner and tells her she is being ridiculous. When she cries, my daughter will yell at her "What the hell is your problem?!" And it is for the most minor things - not putting a toy away in the proper place (toy box vs arts and crafts bin). I started keeping a journal back in April. I know I will probably need it some day. My daughter will put my granddaughter to bed, then take off to be with this man and not come back until after her shift at work the following day. I write all of this down. My granddaughter is in pre-school. One day the week before school was out, my daughter had been out with this man all night, then took my granddaughter to school and dropped her off. She went back home and fell asleep and didn't wake up until 25 minutes after school was over. I just happened to be in town that day at an appointment and went to pick my granddaughter up at school. I keep notes on everything - when my granddaughter spends time with this man, and her reactions to spending time with him. She frequently pees her pants after a visit with him, and also has an attitude - even with me, which is unusual. My granddaughter has started punishing her stuffed animals, telling them they are "bad" and "ridiculous" and "horrible"...she will spank them and throw them in the corner and yell "You stay there until you can apologize!"

I'm worried about my granddaughter. I know my daughter has the potential to be an amazing mother - it's just buried so deep inside of her right now. She needs to get away from this man, and take some parenting classes or something. I've read these forums for weeks, and it scares me to think about getting the courts involved because what if I lose and my daughter takes my granddaughter away and never lets me see her again? How can I protect her if I don't get to see her? I don't want to take this precious little girl away from her mother - I want her mother to wake up and realize what she is doing to this child and make the changes she needs to make.

What do I do?
 

HerVoice

Junior Member
At this point in time I do not feel that my granddaughter is being sexually abused. The relationship ended shortly after the doctor visit I mentioned in my post. During that visit, her pediatrician did do a visual exam of my granddaughter's private parts and saw nothing out of the ordinary. As previously stated, it could have been the frequent bubble baths and potty training/not wiping properly that was causing the frequent infections.

At this time, I am concerned with what I feel is mental, emotional, and what I feel borders on physical abuse.
 

TheGeekess

Keeper of the Kraken
The answer remains the same. If you think a child is being abused (sexually or otherwise), you contact the proper authorities. :cool:
 

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