QUESTION

How can I appeal if my daughter’s biological father filing for unsupervised visitation?

Asked on Jun 10th, 2014 on Child Custody - Michigan
More details to this question:
He is a complete stranger to her and I'm scared of him taking her. He has paid child support since my daughter was 16 months old. I have allowed his parents to visit with her but her father hasn't put any effort into being a responsible parent. She's almost 3 now and he contacted me through text message and phone call threatening me with legal actions and other uncalled for remarks. My husband of almost 2 years now has helped me raise her into the smart almost 3 year old she is today. I'm scared for my daughter because I know her biological father has a temper. I've had 2 DVPs filed against him for physical abuse. My child will be devastated if she had to leave her home and family to go with someone who she doesn't know. I fear for her life if she is in his possession. Please help me. Thank you.
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7 ANSWERS

Given the facts as you present them, it is unlikely that a court would give your husband unsupervised custody. The child support payments alone will not be enough. A court will look to what is in the best interest of the child in determining whether it will modify the current custodial arrangement. I would recommend contacting an experienced family attorney in your area to assist you with this process, as it can be tricky. Make sure that you are recording any threats that come your way as well.
Answered on Jun 19th, 2014 at 5:54 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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First, get a lawyer. If he hasn't seen her in over two years, no one will give him unsupervised visitation to start. You also don't say if the court granted the DVPO, you just say you filed. If the court granted the DVPO, did it also cover the child.? In either case, as long as there is a DVPO there will be restrictions on his contact with the child and conditions he has to meet. A child isn't a possession, neither yours nor his, so she won't be "in his possession". Having a temper is a meaningless term. Depending on what he does, his regular behavior, etc. a psychological evaluation is something the court can order if there is evidence that he has a problem.
Answered on Jun 11th, 2014 at 6:39 PM

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If and when Dad files a motion, you need to respond to it, and do so in a timely manner. If and when Dad texts you about parenting time, you should respond asking him to file something with the Court if he wants parenting time. Once the issues have been filed in Court (his motion and your response), you can request that a Child and Family Investigator (CFI) be appointed. When you make that request, you need to let the Court know what your concerns are and what it is that you want the CFI to investigate. Ultimately, the CFI will report back to the Court, along with a set of recommendations. You should also be talking to a family attorney that has experience handling custody/parenting time issues. It will likely give you a good deal of piece of mind. Don't wait to deal with this problem, be proactive.
Answered on Jun 11th, 2014 at 11:50 AM

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Bruce Provda
When he applies for unsupervised visitation there should be a hearing at which you can object. Your attorney should bring out the evidence you have that suggests he should still have supervised visits.
Answered on Jun 11th, 2014 at 11:26 AM

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Personal Injury Attorney serving Marksville, LA at The Bryan Law Firm L.L.C.
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A good family law attorney can help ensure that a custody and visitation judgment will protect both your concerns and your daughter's welfare.
Answered on Jun 11th, 2014 at 10:42 AM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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If the child's father makes a formal request through the court system you should respond to that request with the information you provided in your question, i.e., you have had two domestic violence charges, he has violent temper, etc. Until such time as he gets into the court system, you can and should ignore his requests.
Answered on Jun 11th, 2014 at 8:36 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You will have to see an attorney and recognize he is the biological father and has rights, which under the circumstances may need to be restricted.
Answered on Jun 11th, 2014 at 8:34 AM

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