QUESTION

I have 2 kindergartners. Their dad was very abusive and was charge on more the one occasion with child abuse, domestic assault, intent to cause harm, etc. yet each time it was drop to something minor like disorderly contact or damage to property. The abuse was bad enough that the state approved my good cause form (were it would not be in the best interest of the children or mother if they went after paternity or child support) so I could get help with day care and medical. Through out the no contact and probation he has been leaving us alone. But this will end next week. Recently, I was contacted by an agency that he'd like to set up a supervised visitation with the kids. Currently his name is not on their birth certificates and he has done nothing to adjudicate him as their father. I am very scarred for my childrens and my own safety. I am unable to extend the no contact/OFP because he's been leaving us alone... until now. I don't ask anything from him and was hoping he'd just go away. He has not seen them in almost 18 months. What should I do? What rights does he have? What rights do I have and what can I do to keep my children and I safe?

Asked on Apr 14th, 2011 on Family Law - Minnesota
More details to this question:
I have 2 kindergartners. Their dad was very abusive and was charge on more the one occasion with child abuse, domestic assault, intent to cause harm, etc. yet each time it was drop to something minor like disorderly contact or damage to property. The abuse was bad enough that the state approved my good cause form (were it would not be in the best interest of the children or mother if they went after paternity or child support) so I could get help with day care and medical. Through out the no contact and probation he has been leaving us alone. But this will end next week. Recently, I was contacted by an agency that he'd like to set up a supervised visitation with the kids. Currently his name is not on their birth certificates and he has done nothing to adjudicate him as their father. I am very scarred for my childrens and my own safety. I am unable to extend the no contact/OFP because he's been leaving us alone... until now. I don't ask anything from him and was hoping he'd just go away. He has not seen them in almost 18 months. What should I do? What rights does he have? What rights do I have and what can I do to keep my children and I safe?
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1 ANSWER

William/J Joanis
A father has the right to seek to obtain custody or parenting rights, but by virtue of simply being the father, that is where his rights end.  Until he obtains those right from the court, he has no legal rights with respect to his children.  Other than having a right to go to court, he has nothing.  And this jerk will never obtain those rights Don't give him one minute he is not legally entitled to receive.  Consider getting a restraining order.  Perhaps you can find a law firm like ours that doesn't charge an arm and leg and can set you up on a payment plan.  Or you may qualify for help from Volunteer Lawyers Network, or a similar organization.
Answered on Aug 27th, 2011 at 1:40 PM

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