What can i do if my sons father all of a suddne wants to enforce visitation after 1 yr.?

Answer 1

I dont know what state you are in, but I know that in Texas he has every right to see his child. You say enforce visitation so I take it that custody and a visitation schedule has already been set. If so you will be in contempt of court if you interfiere. I went through exactly the same thing with my ex (one year without seeing our then 2 year old). I hired an attorney who filed a modification order and requested a temporary restraining order against my ex so that he could not take my son for more than 3 hours and not out of the county,. The judge then reviewed the evidence and adjusted his visitation so that he could not have overnight visitations for at least 6 months so that my son could get to know him again. My advice is dont take the law into your own hands, it could come back and bite you in the rear if this guy is really serious.

Answer 2

I don't know of any state that won't allow him visitation, or his maximum rights if he wants it.

Unless you are a rape victim - then he has no rights to the child.

If he is a fit parent and wants joint custody and visitation, he will more than likely get it. In most family court systems, even drug addict fathers and alcoholics get these rights also.

Your only choice is to allow it. Request that he take a parenting class. This will have to be out of his pocket. Courts see this as a good thing, and normally grant it. If your son is sick and can't do visitation, at least call the doctor so it's on the medical record. We don't always have to take our children in when they have the flu, but docs will record it in the medical file, just in case symptoms get worse. Double check your current court order. More than likely it was set up to "reasonable times with reasonable notice." If this is the case, then remember that it's what's reasonable for you. He does not have the right to knock on your door whenever he pleases. He should be asking with enough notice (at least 24-48 hours), and he could also submit it in writing.

It is not customary for a family court order to be changed, unless 36 months have passed. So, if you currently have a court order, then you're good for awhile yet before he has the right to ask for a more set visitation schedule.

If he currently has visitation rights and is completely refused of being able to see his son without legitimate reasons, then he does have the legal right to request that the court find you in contempt of the order.

Answer 3

If he hasnt seen the child in a year..and now wants to start exercising his rights..then you need to talk to a lawyer about getting supervised visits for AT LEAST the first 6 months. You do not know what he has been up to or if he can even handle the demands of a child(assuming he hasnt seen the kid in a year!)
Your child would be traumatized if left with this "stranger" for a weekend and the judge should be made aware of that(once again assuming there has been no visits for a year)
I would talk with an attorney ASAP to find out what your options are before handing my child over to someone who couldnt be bothered to see their kid for a year!

Answer 4

Without just cause, there's really nothing you can do. In fact, if you try to ban visits, you may alienate your child and cause yourself a boatload of legal problems. If at any time, however, you become concerned about your childs' safety, don't waste time, get to an attorney immediately, the courts move very slowly and require a lot of substantiation to end parental visitation.
I know this from my own situation!

Answer 5

Not much you can do unless you have full custody with no visitation rights to the father.Unless you can prove he an unfit parent and that can be hard to do.Otherwise the courts will see it like this,he is the childs father and should be involved in your childs life.

Answer 6

he has a right just like you to spend time with the child, you both have, (he is both of yours, not just yours) unless, you can prove other wise, or he is unfit, and after 1 year I have to ask did you tell him to stay away, cause you would X or Y, and it took him this long to find out you could not do X or Y, or was it more?

Answer 7

If you have joint custody -- you really don't have a choice unless you can prove that the child would be in harm if left unattended with the father.

Answer 8

im afraid there isn't much u can do unless he's a total dirt bag and still could get supervised visits who knows maybe he has grown up and is ready to be a dad

Answer 9

accept it with open arms. He has finally realized that his son is important...some father never care!

Answer 10

find a good attorney