Mattie B
Thursday, January 24, 2013 12:49:09 PM
Calling Lawers and Folks that have been in this situation.

Here's the situation in a nut shell....

My step daughter is 10 years old and has not seen or heard from her dad in over 5 years. He has been in and out of prison and to my knowledge doesnt even have a place to live.

He has no decided to reunite with my step daughter. He has called my wife several times and mailed a letter to my step daughter yesterday. Last night the wife and I had a discussion with her about the deal, and without hesitation she said she didn't want to see or talk to him. She said that I am her Dad and she likes it that way.

So when the wife divorced this guy the court documents say he can have her every other weekend.

Since he has been MIA for over 5 years we never saw a need to change the documents.

Today we want to see about removing his rights to her. Or at very least require supervised visitation.

So has anyone dealt with this sort of thing before? I know attorneys will charge me out the azz but I don't see another way to do it.

justinjoslin82
Thursday, January 24, 2013 12:53:21 PM
If he still have rights legally then he can still go by those rights.

If he has court ordered weekends I assume he has been obligated to pay child support? If so has he been paying it? If not he can be taken to court for contempt and jailed and/or lose his rights.

But, if papers still show he legally has weekends he is fully entitled to them if noone has done anything about it.

justinjoslin82
Thursday, January 24, 2013 12:55:35 PM
I would still contact a lawyer immediately if there is serious concern. Its gonna take a bit of time, more than a day, to settle all of it. The quicker you get working on it the better.
ZRX1200
Thursday, January 24, 2013 1:00:17 PM
Talk to a lawyer (family law) immediately.

Most custody agreements can be appealed every 2 years. A court may or may not take your step daughters feelings into account but that's something to talk to the lawyer about

If he only had visitation every other weekend he should have some form of support he should have been paying. If there was an agreement for support and he was not keeping with that that is something the judge will keep in mind.

Every state is different with this Mattie but let me tell you every state's the same get a lawyer now.

Mattie B
Thursday, January 24, 2013 1:09:07 PM
Yes he is court ordered to pay child support. But his history of payment is spotty at best. I honestly don't keep up with it, but I would guess in the last 5 years he has paid 18 months.

The problem is that he can't keep a job. He has been fired from several for stealing money.

He also had a brain tumor a while back so who knows what kind of mental shape he is in now.

This guy is a real waste of space.......I could really tell you some stories about him.

daveincincy
Thursday, January 24, 2013 1:28:04 PM
Real world perspective: Get an attorney.

Spiritual perspective: Add him to the prayer list.

You can do both. One's going to cost you. The other won't cost a penny...and will hopefully change a life (or lives).

Since I really don't have any real world experience/help to offer in these types of battles (I think #2 offers sound advice), I was originally going to say (in my worst Italian accent), "if you want tuh ruhmove parental rights...you're gonna wanna ruhmove the parent. You understand what I'm sayin?"

tailgater
Thursday, January 24, 2013 2:02:31 PM
Be honest with the guy.

He's been absent for so long and hasn't fulfilled his legal obligations, but he is her biological father and deserves to have the chance to be in her life even from the outside.

I'd meet with him and let him know the concerns you and the Mrs have.

I'd also tell him to put the support payments directly into a college fund that you open in her name.

I'm not saying the guy isn't a jerk, but unless he's dangerous you really don't have reason to keep him from her.

And I'd keep that brain-tumor=mental-instability claim to yourself. People might wonder if you have a brain tumor...

ZRX1200
Thursday, January 24, 2013 2:12:40 PM
Don't tell stories.

This is the internet.

Court battle + angry internet postings can come back to bite you.

Mattie B
Thursday, January 24, 2013 2:49:17 PM
The wife and I had lunch today and discussed some options.

I think for now, based on his track record, we are just going to see what happens. I think this is just a phase for him. He's not really a dedicated kind of guy. I thnk he will get bored with trying and move on, just like he has in the past.

I think that attorney and court route will provoke a fight from him and cause more damage

tailgater
Thursday, January 24, 2013 3:10:24 PM
Look on the bright side.

The more this guy F's up, the more you shine as the replacement.

He probably has a small ****** too.

And leaves the seat up.

Remember, just like prom night in rural Mississippi, it's all relative...

ZRX1200
Thursday, January 24, 2013 3:15:49 PM
Mattie in all seriousness at the very least a CONSULTATION will tell you what isin your rights action wise and what HE can do.

Make sure he cannot take any immediate actions.

grmcooper
Thursday, January 24, 2013 5:23:55 PM
Have him sign his rights away. Or pay up.
edin508
Thursday, January 24, 2013 5:27:26 PM
Go to family court, lots of times they will have a lawyer there for free consultations. You should talk to someone about this.
BuckyB93
Thursday, January 24, 2013 5:40:08 PM

I think that attorney and court route will provoke a fight from him and cause more damage

Mattie B wrote:

Not knowing the guy or his personality, on the flip side he might decide it's not worth the up hill battle.

He hasn't shown much interest to date and being served court papers, and required to pay back child support, trying to convince the court he's worthy of any legal rights in your step-daughter's life... It all might not be worth it to him and he'll just decide not to appear and the judge would (should) find in your favor.

This doesn't mean that he can't mend personal ties in the future, it just breaks the legal ties.

wheelrite
Thursday, January 24, 2013 6:14:33 PM
IMHO,,,

Unless he is a danger to the child, he should be allowed to see her,,,

After all, he is her father ,

But Mattie, you are her daddy and she'll always know that..

wheel,

Gene363
Thursday, January 24, 2013 6:29:25 PM

IMHO,,,

Unless he is a danger to the child, he should be allowed to see her,,,

After all, he is her father ,

But Mattie, you are her daddy and she'll always know that..

wheel,

wheelrite wrote:

Yup, don't feel threatened. Most of the time kids are smarter about judging people that we give them credit.

Is he on parole? Get his current record before doing anything.

Supervised meetings in a public place, especially if he has no driving license, car or place to live.

Talk to a lawyer.

DaQueenBeez
Thursday, January 24, 2013 6:43:56 PM
The hard part here is for the daughter. This guy is basically a stranger to her - to send her to a stranger's house for a weekend is not fair to her and could cause problems down the road. Talk to an attorney - at 10 years old, her feelings should definitely be factored into the equation.
8trackdisco
Thursday, January 24, 2013 7:43:23 PM
Yes he is court ordered to pay child support. But his history of payment is spotty at best. I honestly don't keep up with it, but I would guess in the last 5 years he has paid 18 months.

Have him write you a check for the full amount he owes The Smoke Nazi. Cash it. Buy a bunch of beastiality porn (dvd, hd, vhs, betamax, reel to reel.) Have him over for drinks. When he isn't looking, fill his vehicle with the porn, take a picture, bring it to the lawyer on the free first consultation. Done deal.

8trackdisco
Thursday, January 24, 2013 7:45:31 PM

Calling Lawers and Folks that have been in this situation.

Here's the situation in a nut shell....

My step daughter is 10 years old and has not seen or heard from her dad in over 5 years. He has been in and out of prison and to my knowledge doesnt even have a place to live.

He has no decided to reunite with my step daughter. He has called my wife several times and mailed a letter to my step daughter yesterday. Last night the wife and I had a discussion with her about the deal, and without hesitation she said she didn't want to see or talk to him. She said that I am her Dad and she likes it that way.

So when the wife divorced this guy the court documents say he can have her every other weekend.

Since he has been MIA for over 5 years we never saw a need to change the documents.

Today we want to see about removing his rights to her. Or at very least require supervised visitation.

So has anyone dealt with this sort of thing before? I know attorneys will charge me out the azz but I don't see another way to do it.

Mattie B wrote:

He was in prison? Well THAT explains the reason why your woman considers you a (half) step up from her last man. :-"

wheelrite
Thursday, January 24, 2013 7:56:18 PM
btw,

what was he in prison for ?