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nikkiax

Junior Member
What is the name of your state (only U.S. law)? Rhode Island

I am the CP of my daughter. I have a court order stating that sole legal and physical custody lies with me, and visitation is at my discretion. It also states that all further matters in the case are vacated.

1. Does 'all further dates vacated' mean that this is a court order that cannot be contested?

My daughter's father was in jail the first 5 years of her life for an extremely violent crime. When he got out, he really did well for awhile. Married a wonderful woman with a great job, paid his child support, and I allowed my daughter to go there every weekend.

About 2 year ago I got a call from his (ex)wife telling me that he (NCP) was drinking, out of control, and had walked out the previous weekend, just left while my daughter was there (she took care of her and didn't alow her to think anything was strange) and then he just kind of fell off the face of the earth. He has called maybe 10 times, and seen her 5 times in the past 18 months, the last time being in June when he did ecstasy while she was in his care and had his mother give her a ride home. Since then I have denied him visitation, which is my right. Recently he was arrested for another violent crime, but for some reason didn't go to jail.

If you need more info please ask.

I was told by a friend that if a NCP does not see their child or make child support payments for six consecutive months, you can have their rights taken away. Is this true? Is it necessary with my court order?

My concern is that, like an IDIOT I never pressed charges against him for the drugs. He recently sent me a message on facebook (of all places) asking to see my daughter and saying he would take a drug test. I told him no, he has screwed up her life enough, and to just start over (he is having another child) and try to get his life together. He responded with veiled threats, so I told him not to contact me in any way, and blocked him. I'm concerned that he may try to get visitation.

I have kept meticulous records from the day of his (ex)wife's phone call.

If you need more info, just ask. Thanks in advance.
 


ecmst12

Senior Member
It takes longer then 6 months for abandonment to really be proven. But with your current court order, I don't think any further action is required. I don't think he could get anything more then he has now even he DID go to court. If he'd tried before his relapse when things were stable and visitation was regular, he might have had a chance, but certainly not now. I don't see any need to spend the time or money going back to court when you already have sole control over the child and dad has no rights other then if you choose to allow visitation.
 

nikkiax

Junior Member
Thank you SO MUCH for your reply. Can I just ask you a few specific questions? I appreciate your time.

What does 'all further dates in this matter are vacated' mean? Does it mean he cannnot fight the order?

What is considered abandonment?

In the event he does take me to court, does the fact that I have kept records of all dates of communication with a brief description do anything? (because I never filed anything when he was on drugs and had his mother drive him and my daughter home - he told me he was on drugs, that's all the proof I have)

I'm gathering you don't think he could get any visitation, right? Can I ask why? Is it from what I say and know (kind of ties in to last question)?

Thanks again.
 

LdiJ

Senior Member
Thank you SO MUCH for your reply. Can I just ask you a few specific questions? I appreciate your time.

What does 'all further dates in this matter are vacated' mean? Does it mean he cannnot fight the order?
It means that as far as the actions were concerned then, that the case was over with.

What is considered abandonment?

That means that a parent went a certain amount of time with absolutely no contact with their child, including non payment of child support, based on state statutes.

In the event he does take me to court, does the fact that I have kept records of all dates of communication with a brief description do anything? (because I never filed anything when he was on drugs and had his mother drive him and my daughter home - he told me he was on drugs, that's all the proof I have)

That means that you have some documentation of issues..

I'm gathering you don't think he could get any visitation, right? Can I ask why? Is it from what I say and know (kind of ties in to last question)?

Thanks again.

No, that doesn't indicate that he can get no visititation. It means that he might not be able to get any visitation without supervison.
 

nikkiax

Junior Member
I will look into RI statues. Also if any issues arrise I will insist on supervised visits. Thank you. :)
 

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