QUESTION

I filed for cessation of visitation against my ex-husband, what can happen?

Asked on Feb 26th, 2015 on Child Custody - Ohio
More details to this question:
My situation is this. On Nov. 25th 2014 I took my ex husband to court for supervised visits and won. He was to set up visits at a paid facility and has not done so. I then filed on February 11th 2015 for cease to all visitation since it clearly is not his priority. I gave him a chance to get some time with her and I feel he has no interest. At this point it has been 488 days with no contact. Even after the hearing he didn't call her for Christmas. He has not signed for or gone and picked up the certified letter from the post office. The 15th day will be Saturday so they will be sending it back to the courts on Monday. If he does not sign for it what happens? He is most likely being told not to sign for it because then he can claim he never got it. I feel that the hearing would go in my order as it is in front of the same magistrate who called his excuses lame and he was basically a poor excuse for a father. He was also told his family could not contact me or my daughter unless it's on his time. I was just wondering what would happen. The court hearing is on March 27th. He even told the judge he has no expenses or responsibilities so he really has no excuse to not make arrangements at a facility other than he has no license but the judge said to deal with it and find a way. I just need some advice. I can't afford an attorney obviously. Once gay marriage is legal in my state, hopefully soon, we will be able to file for my wife to adopt and even if contested I doubt he'd win because he has no interest.
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2 ANSWERS

I would file a motion to terminate all visitation based on the fact he has had no contact with her for 488 plus days.
Answered on Feb 26th, 2015 at 11:12 AM

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You would have to file a motion to modify your parental visitation order in order to change it so the father has no visitation. Although I'm not sure why you would want to do this because the father is currently not spending any time with his child, so I don't know why you would spend extra time and money going through the court process to get an order that reflects the current reality. Why go to court to try to do something that is already happening? For your second point, the child could not be legally adopted unless the biological father has signed an affidavit that says some very specific things to waive all rights and interests the father has in the child (you would need to lawyer to draw it up).
Answered on Feb 26th, 2015 at 11:07 AM

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