taken to court for contempt/visitation modification

[ohiomomof3]

What is the name of your state?Ohio
Well, it has been over a month now since my ex was granted supervised visitation through a visitation house. He has yet to contact the establishment or I about following up and spending his time with our son. (More details on my reasons for wanting supervised in prior posting.)

I have heard from several mutual aquaintences that I am still be accused of not leting him see our son. How long can he go without seeing him, and try to pull this again in court?

I have seen on many other posts how it's an option for them to do visitation, not an obligation. I hope I stated it right, anyways, he is planning on getting married so he looks like a better father and gain some more stability, basically have someone else provide the home and finances. It has been a blessing since he left us, despite the legal hell.

What I need to know is can he come back for custody, which is his plan, without having seeing our child for, well now it's been 5 months.

 

[stealth2]

He can file for anythign he likes. The question is really whether he'd be successful. 5 months.... isn't really all that long. But it's also not likely to impress a judge that he's had the opportunity to build a relationship with kiddo and he's blown it off. I wouldn't worry a great deal.

 

[BelizeBreeze]

He can file for anythign he likes. The question is really whether he'd be successful. 5 months.... isn't really all that long. But it's also not likely to impress a judge that he's had the opportunity to build a relationship with kiddo and he's blown it off. I wouldn't worry a great deal.

Hey babycakes, read the post again then tell me where I found your error

 

[stealth2]

Chico - I'd love to, but I'm off to PHL to get the kids on a plane. So it'll have to wait.

 

[jslopez711]

But it's also not likely to impress a judge that he's had the opportunity to build a relationship with kiddo and he's blown it off.

Daddy-o doesn't have to exersise his visitation.

 

[ohiomomof3]

I know he doesn't have to exercise his visitation rights, but do judges take that into consideration when and if it comes back in court?

Our son is 2 1/2, we ran into the father at the grocery, and I had to chase my son down, he ran away from him, not playing really, almost as if he's afraid him. He warmed up after I picked him up and let his father hold him. I really thought may trigger some paternal instincts, but no such luck.

Thank you for your input, everyone. It's just been emotional, he cried for his daddy the first month, then that was it. I show him photos to remind him. I hope at his age this will not effect any kind of bond they may have in the future. His father has several issues with alcohol, drugs, and mental illness, and I have hope for him in his future, but his current living situation is far from recovery.

He stated to me once he knew I was seeking supervised visits that he'd rather not see him at all if it were to be that way. I have our son's best interest at heart, I just hope I am not responsible for the loss of contact due to my concerns. I know if I had the choice of seeing my child in a controlled environment would be far better than not at all. It's too bad some fathers can't bear the child for a few months to get the whole parenting flowing through them.

I know, I should have thought of it all before we had a child, but while we were together, I made sure he was medicated (bipolar) and going to couseling, as well as his group meetings. He's in the bars alot now, so he's having more fun, and when the smoke all clears, he's going to wish he spent this time with our son, they grow so quickly.

 

[LdiJ]

I know he doesn't have to exercise his visitation rights, but do judges take that into consideration when and if it comes back in court?

Our son is 2 1/2, we ran into the father at the grocery, and I had to chase my son down, he ran away from him, not playing really, almost as if he's afraid him. He warmed up after I picked him up and let his father hold him. I really thought may trigger some paternal instincts, but no such luck.

Thank you for your input, everyone. It's just been emotional, he cried for his daddy the first month, then that was it. I show him photos to remind him. I hope at his age this will not effect any kind of bond they may have in the future. His father has several issues with alcohol, drugs, and mental illness, and I have hope for him in his future, but his current living situation is far from recovery.

He stated to me once he knew I was seeking supervised visits that he'd rather not see him at all if it were to be that way. I have our son's best interest at heart, I just hope I am not responsible for the loss of contact due to my concerns. I know if I had the choice of seeing my child in a controlled environment would be far better than not at all. It's too bad some fathers can't bear the child for a few months to get the whole parenting flowing through them.

I know, I should have thought of it all before we had a child, but while we were together, I made sure he was medicated (bipolar) and going to couseling, as well as his group meetings. He's in the bars alot now, so he's having more fun, and when the smoke all clears, he's going to wish he spent this time with our son, they grow so quickly.

Personally I think a judge would be very unimpressed with the fact that he chose not to exercise his supervised visitation. I also doubt that a judge would see a marriage as a reason to change things.

 

[jslopez711]

I know he doesn't have to exercise his visitation rights, but do judges take that into consideration when and if it comes back in court?

I was just in court (TX), in every case the judge always asked the NCP or NCP's lawyer if they were involved in the childs life. It was a simple yes or no but it was asked. I heard 3 cases in front of mine, all of them the NCP was NOT ivolved and in all of those cases the NCP all retained their standard visitation. Just what I saw.

 

[LdiJ]

I was just in court (TX), in every case the judge always asked the NCP or NCP's lawyer if they were involved in the childs life. It was a simple yes or no but it was asked. I heard 3 cases in front of mine, all of them the NCP was NOT ivolved and in all of those cases the NCP all retained their standard visitation. Just what I saw.

I agree that its pretty unlikely that a judge would take away standard visitation....however this judge already did. However her question wasn't about visitation, it was about custody. Dad wants custody. A judge deemed it suitable for dad to have supervised visitation through a supervision center. Again, if dad filed for custody or even unsupervised visitation, I sincerely doubt that his new marriage would in any way influence a judge to give him custody when he/she recently felt that supervised visitation was suitable AND the dad didn't even bother to exercise it.

 

[ohiomomof3]

Thank you for the input, I get on here daily and read a lot so I can absorb information be it pertaining to my situaton or not. This site is a wonderful tool, and you attorneys are very generous for contributing. Have wonderful holidays everyone, and stregnth for those trying to rebuild their families.