Legal Custody

[dash8]

What is the name of your state? CA

If the father has given up visitation of the minor child (through a stipulated child custody and visitation agreement), is it likely that the father still maintains joint legal custody? Would the father still be required to provide child support?

Thank you in advance for your opinion, expertise, and response.

Best,

 

[hexeliebe]

Very possible since custody, support and visitation are all separate issues in law.

 

[dash8]

Understanding that custody, visitation, and support are separate issues, if the father has given up the visitation (mother has always maintained physical custody), can the mother reasonably obtain legal custody if the father has not exercised his rights in regards to his legal obligations to the minor child (decisions regarding medical, dental, schooling, etc)?

The support issue will be handled separately. Currently I am reviewing a document (stipulated agreement to be submitted) where the father is giving up visitation with the minor child.

Thank you for your response. Any further feedback is appreciated.

Best

 

[hexeliebe]

Be very careful. What it sounds like you want is partial termination of parental rights and there's no such thing. You either petition the court for termination of parental rights (and it will be VERY difficult) or limited visitation whether or not he wants to exercise it.

No judge is going to allow you to dictate that your ex will not get the chance to see his children again AND pay support.

Better to approach the court with a parenting plan, visitation schedule, petition for support and Sole Legal Custody.

The way you're thinking won't happen.

 

[dash8]

Actually, I'm not thinking of terminating parental rights, but still requiring support.

My question is if the father has relinqueshed his visitation and has not participated in the aspects regarding legal custody, should he still retain legal custody if he is not going to see the child. I am trying to understand the process and what is reasonable. For example, in this scenario, should any change in parenting time be allowed by mutual agreement, when the father has given them up? How does that work in the future when the father has no communication with the child?

Thanks again - I appreciate your thoughts

 

[hexeliebe]

My question is if the father has relinqueshed his visitation and has not participated in the aspects regarding legal custody, should he still retain legal custody if he is not going to see the child.

Yes, if that's what the current court order stipulates. Remember, a father or mother does not relinquish their rights to visitation, they simply fail to exercise the rights given them by the courts. There is no penalty for not exercising their rights.

As long as contact has been ongoing in the form of letters, phone calls, support or otherwise, there is no termination of any kind.

I am trying to understand the process and what is reasonable. For example, in this scenario, should any change in parenting time be allowed by mutual agreement, when the father has given them up?

Again, he has given nothing up. So the answer to this question is yes. He has every right to petition the court for a change in the visitation schedule.

How does that work in the future when the father has no communication with the child?

Depends on your state statutes. In some states if no contact whatsoever occurs between a parent and a child for one year, and if there is a step-parent in the picture, the non-communicating parent's rights can be terminated, but only if a third-party is ready and willing to adopt.

If there is no such third-party, then no terminatin can or will occur. But this is not a termination in part. This is total termination of parental rights. Including child support.

 

[dash8]

Thank you

This is great information, thank you very much. This is definitely an educational process. I appreciate your time.

One last question (I think) - why would a written stipulated agreement need to be submitted to the court if there is no penalty for the father to relinquish (whoops, sorry - not exercise)his visitation?

 

[hexeliebe]

In answer, here's a scenario:

You both agree to share custody with the Non-custodial parent having every other weekend. On the NCP's weekend they pick the children up at 5 p.m. on a friday evening. On Sunday, at 5 p.m., when the NCP is supposed to have them returned to you, they are not there.

They are also not there Monday at 5 p.m.

They are also not there the following Sunday at 5 p.m.

Or the next month, or the next year.

How do you get your children back. There has been no crime committed.

See why you need the protection of the courts?

 

[dash8]

Wow!

In that instance, no crime - no foul.

In this instance the father and daughter has had increasing conflicts which includes the father's wife. Father is tired of the conflicts and daughter doesn't want to visit (which she does, because mother follows existing custody order). Father decides to give up visitation and doesn't require daughter to visit anymore. Now, mother is reviewing a draft stipulation and order regarding chld custody and visitation.

Thanks very much for your feedback.

 

[hexeliebe]

Your ex has every right not to exercise his visitation rights. However, I can only see problems down the road if you go through with this.

Speak with a family attorney before doing anything.

 

[dash8]

Thanks

Actually, this draft being reviewed is from a family attorney. I fully understand that it is the father's right to not exercise his visitation. I (the mother) am the respondent with the agreement, so that's why I'm asking so many questions.