visitation issues

[catdog23]

What is the name of your state (only U.S. law)? indiana

my daugher is 16, father has nver established paternity, no child supp.has not been in her life but here and there when she was little. hes been in and out of prisons her whole life. he is there now. he is an addict, arrested for drugs, alcohol, theft, fleeing, hes hit people, who knows what else. he writes her beggin her to see him, to write him and when she does not reply he writes again giving her a hard time for this or points his fingers at her for not wanting him around. she wrote him 4 yrs ago to please leave her alone and she didnt want him in her life. he is at it again, his release is coming up. he wont take no for an answer. her life is calm, stable, pretty normal w/out him pestering her.. now she is stressed out because of this. each time he does this.
she is a good kid, straight A's, nice friends, active in sports, church, youth groups...she does not deserve all this turmoil.

can I doanything to keep him away? does he have any legal rights to see her? can she make the decision in court for him to stay away and out of her life ?
thanks

 

[Zephyr]

based on what you stated, he has no legal rights to this child at all.....why do you allow the child to read such disturbing messages

 

[catdog23]

thanks.
she hasnt read each letter rec'd, altho yes there have been some read....im talking through many yrs.
could he get legal rights if he wanted? and what can I do to keep him away legally?

 

[LdiJ]

I agree that he has no legal rights at all at this point. However, if he is very determined to be a part of her life, he may try to file to establish paternity and visitation rights.

Based on the circumstances, and her age, its possible that she will be given some choices regarding how and when, and maybe even if, she sees her father.

Until a court gives him visitation rights, you can refuse all communication with him.

 

[catdog23]

thank you for your comments.

so there is a chance he could get granted some type of visitation if he wanted, even if he is a convict ? addict? alcoholic?

anything I can do here? or do i just wait to see if he does?

 

[Silverplum]

thank you for your comments.

so there is a chance he could get granted some type of visitation if he wanted, even if he is a convict ? addict? alcoholic?

anything I can do here? or do i just wait to see if he does?

Being a convict, addict, or alcoholic (or mentally ill, or weirdly religious/irreligious, or whatever you think of next) does NOT negate a person's CONSTITUTIONAL RIGHTS to see and parent their child, if they so choose.

 

[bononos again]

thank you for your comments.

so there is a chance he could get granted some type of visitation if he wanted, even if he is a convict ? addict? alcoholic?

anything I can do here? or do i just wait to see if he does?

When is he due to be released? When does she turn 17?

You figure, if he actually tries to file to establish paternity an custody upon his release, he's got minimal time before she turns 18 to get this ball rolling, and custody matters are never quick. Plus, considering the past and her age now, the courts may consider her opinion as stated before.

Definately cut off all contact. He does know your address though, that is making for trouble.

 

[catdog23]

Being a convict, addict, or alcoholic (or mentally ill, or weirdly religious/irreligious, or whatever you think of next) does NOT negate a person's CONSTITUTIONAL RIGHTS to see and parent their child, if they so choose.

hard to understand IMO****************************..rather difficult to parent while residing in lockup most of your childs life.

 

[Silverplum]

hard to understand IMO****************************..rather difficult to parent while residing in lockup most of your childs life.

You don't *need* to understand it. It is.

 

[bononos again]

Being a convict, addict, or alcoholic (or mentally ill, or weirdly religious/irreligious, or whatever you think of next) does NOT negate a person's CONSTITUTIONAL RIGHTS to see and parent their child, if they so choose.

But, not being established as the parent kind of does negate that right for now. Doesn't it? OP doesn't have to allow contact until such time that he actually does persue and is granted those rights.

my daugher is 16, father has nver established paternity, no child supp.has not been in her life but here and there when she was little.
thanks

 

[Zigner]

But, not being established as the parent kind of does negate that right for now. Doesn't it? OP doesn't have to allow contact until such time that he actually does persue and is granted those rights.

Yes, correct.

 

[Silverplum]

But, not being established as the parent kind of does negate that right for now. Doesn't it? OP doesn't have to allow contact until such time that he actually does persue and is granted those rights.

My comments were in the context of the whole thread, and specifically in response to her question that I quoted in my response.

 

[catdog23]

When is he due to be released? When does she turn 17?

You figure, if he actually tries to file to establish paternity an custody upon his release, he's got minimal time before she turns 18 to get this ball rolling, and custody matters are never quick. Plus, considering the past and her age now, the courts may consider her opinion as stated before.

Definately cut off all contact. He does know your address though, that is making for trouble.

there has not been any contact w/him from her or myself for at least 4 yrs now, could be longer ive lost track....the yrs prior was very little contact on our part...it was all him calling or sending letters.....
however his mother and my daughter have some contact....she would like more contact w/the grandma but she makes it difficult when her son is carrying onto his family about his sadness and how he is mistreated and deserves a life w/his daughter.

release within one yr best of my knowledge. she has one yr til 17.

we still worry about him lurking around.

i am afraid that no contact wont keep him away.

thank you for your advice

 

[bononos again]

there has not been any contact w/him from her or myself for at least 4 yrs now, could be longer ive lost track....the yrs prior was very little contact on our part...it was all him calling or sending letters.....
however his mother and my daughter have some contact....she would like more contact w/the grandma but she makes it difficult when her son is carrying onto his family about his sadness and how he is mistreated and deserves a life w/his daughter.

release within one yr best of my knowledge. she has one yr til 17.

we still worry about him lurking around.

i am afraid that no contact wont keep him away.

thank you for your advice

Well, I would stop worrying for now. By the time he is released and if he actually pursues this, she may be an adult before the court gets to make the decision for her. When she is 18, she will get to choose to establish a relationship with him or not, without you or the court dictating that to her.
No sense worrying her or yourself unnecessarily.

 

[catdog23]

does he have rights just because his names on birth certificate?

what is aop?

thanks