Withholding Visitation

[jkg0679]

What is the name of your state? Vermont

I am about to seek out terminating my ex's parental rights as he has not seen my daughter in almost 4 years and fails to pay child support. I plan to call him tonight to ask that he voluntarily sign over his rights (which is doubtful). I have a feeling that for spite, he will want to see her now. I have a court order dated 2001 that says he can have weekly visits with her for 2 hours under my supervision.

My question is this: Can I withhold visitation from him at this point? I have asked 5 people (2 lawyers, a cop, a school official and an aunt who's done a parental termination) and got 3 yes's (from the aunt, cop and 1 lawyer) and 2 no's (from the school official and the other lawyer). I am so confused! HELP!

 

[stepmom&mom]

The legal answer would be no. You cannot withhold visitation if it is court ordered until such time as the parental rights are officially terminated. It is possible that you might find yourself before a sympathetic judge who would not hold you accountable for denying visitation, but there are no guarantees.

 

[OHIOGUY44095]

What is the name of your state? Vermont

I am about to seek out terminating my ex's parental rights as he has not seen my daughter in almost 4 years and fails to pay child support. I plan to call him tonight to ask that he voluntarily sign over his rights (which is doubtful). I have a feeling that for spite, he will want to see her now. I have a court order dated 2001 that says he can have weekly visits with her for 2 hours under my supervision.

My question is this: Can I withhold visitation from him at this point? I have asked 5 people (2 lawyers, a cop, a school official and an aunt who's done a parental termination) and got 3 yes's (from the aunt, cop and 1 lawyer) and 2 no's (from the school official and the other lawyer). I am so confused! HELP!

Why in the hell are you even asking people who are not lawyers about this? The lawyer that told you that....umm, are you sure that this person is in fact a lawyer. One who wasn't disbarred for being a dumba$$? How about looking up the laws in your state.

 

[VeronicaGia]

What is the name of your state? Vermont

I am about to seek out terminating my ex's parental rights as he has not seen my daughter in almost 4 years and fails to pay child support. I plan to call him tonight to ask that he voluntarily sign over his rights (which is doubtful). I have a feeling that for spite, he will want to see her now. I have a court order dated 2001 that says he can have weekly visits with her for 2 hours under my supervision.

My question is this: Can I withhold visitation from him at this point? I have asked 5 people (2 lawyers, a cop, a school official and an aunt who's done a parental termination) and got 3 yes's (from the aunt, cop and 1 lawyer) and 2 no's (from the school official and the other lawyer). I am so confused! HELP!

If a judge orders you to jail via a court order, can you just decide not to go? You have a court order for visitation. While he does not have to exercise that right, you have the obligation to follow the order when and if he does exercise that right.

Unless you are remarried and your new husband wants to adopt the child, you will not get his parental rights terminated.

 

[jkg0679]

Thank you for your help.

For replier #2 - I am simply here for advice as I am getting different answers from multiple sources (2 being lawyers in good standing).

And for replier #3 - Thank you for your advice. It is much appreciated. I have, indeed, looked up the rules for parental termination within my state and I do not have to be remarried to do it. Yes, it is better for the case, but my fiances aunt successfully did a termination without being married. I realize that in most states you do need to be married, but this is not so in my state.