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Termination of Visitation

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ljf

Junior Member
What is the name of your state? Virginia
The father has had no contact with his daughter since April 2004.

Current visitation order - Every other weekend-he picks her up from my home at7p Friday - I pick her up from his home Sunday at 4p.

I found out in April 2004, after my daughter returned from her weekend visit with him, that he had been living with his girlfriend since December 2003. Per the court order he is not to cohabitate with the opposite sex. He lived at home with his parents up to this point. I was under the impression that he still lived at home. Between Dec & April, my daughter had been staying at his parent's home during his scheduled weekend visitation. Her father did not spend the night at his parents home. He left my daughter in the evening & returned to his girlfriend's home. He returned to his parents home the next morning. I reminded him at that point about the court order. He picked her up for his next visitation & told me that my daughter would not be staying at his girlfriend's home. When I picked my daughter up on Sunday she told me that again she spent the night at his girlfriend's home. I told him then that I would not allow it to happen again. I have not heard from him since....Until March 2nd-our court date. I filed to have visitation terminated. He showed for the court date. He told the judge that he still was living with his girlfriend. Our trial is set for April 6th. He has since filed a modification to have visitation increased and stated he wants to begin seeing his daughter again. I have tried in the past to have visitation terminated when he did not see his daughter for 4 months. The judge denied my request, stating 4 months did not show a pattern. The judge has told me on numerous occassions that he very rarely terminates visitation. So this time I waited for a year. I have spoken to several people and am under the impression it is very difficult to have visitation terminated. Is there any former cases where visitation has been terminated based roughly on my situation? NOTE: Her father & I were never married nor did we live together and the original visitation order included not only the weekend visits but every Monday & Wednesday. The father gave up Mon & Weds telling the judge the 30 minute drive was too far.
 


BL

Senior Member
In reality , he IS the Father and as long as he is maintaining some kind of visitations , and no other " traumatic history " has taken place , he will not terminate visitations .

Let's get real here too , Even though some States will order no co-habitation , this isn't the old school anymore .

As long as the GF isn't nasty . derogatory, or brainwashing the child against you , and otherwise treats your child good and with respect , what's the issue ? The Judge might just get tired of the squabbling and allow it , if the Father would take more time .

If the child(ren) are spending the weekend with grands instead of DAD then that's not right , I agree .

Not all folks in this world are fortunate to be able to travel and have all means . Compromise a little .
 

kidoday

Senior Member
NOTE: Her father & I were never married nor did we live together

This cracks me up. What are you trying to prove here? That him living with his girlfriend is worse than you having sex prior to marriage and having is baby? But that was all ok since you didn't live with him I suppose.

Him going against the court order by cohabitating isn't any better than you denying him visitation. I bet that comes out in court.

I suspect you aren't going to get much legal advice on how to terminate the fathers rights to visitation because he is living with his girlfriend.
 

CJane

Senior Member
What's the issue with the GF? Why the cohabitation order?

Unless there is a compelling reason for any of your concerns (drug use, abuse of the child, neglect), you risk looking VERY selfish and petty in front of the judge.

I am honestly curious though - what on Earth makes someone think that their former spouse/coparent of their child living with someone is a big deal? My ex wants to add a no cohabitating order added to our parenting plan. For the life of me, I can't figure out why.
 
CJane said:
I am honestly curious though - what on Earth makes someone think that their former spouse/coparent of their child living with someone is a big deal? My ex wants to add a no cohabitating order added to our parenting plan. For the life of me, I can't figure out why.

My husband and I (going through a divorce as well), both have agreed in our parenting plan that there are to be be no "overnight friends" while our son is in each residence. The reason for this is that our parenting time should be just that, time with our child. Remarriage is a different story as there is a permanance in that equation (just not in my husbands and my case :D ). We both feel that significant others can come and go and will not benefit our son to get close to someone and then have to see them go.
 

CJane

Senior Member
huntersmommy06 said:
My husband and I (going through a divorce as well), both have agreed in our parenting plan that there are to be be no "overnight friends" while our son is in each residence. The reason for this is that our parenting time should be just that, time with our child. Remarriage is a different story as there is a permanance in that equation (just not in my husbands and my case :D ). We both feel that significant others can come and go and will not benefit our son to get close to someone and then have to see them go.

This is what I don't understand. I don't need to be told that it's a bad idea to have a string of men through my house while my kids are here. My ex is remarrying, and wants to have cohabitation added to our custody stuff, so that I can't have anyone spend the night while the kids are here - nevermind that I never have.

HOWEVER, the cohabitation thing only applies to overnights. Apparently, having someone spend the night in my house is a big huge deal, but I could have a different man over here all day every day while my kids are AWAKE and that would be fine. The actual impact on the kids' lives is LESS IMO if the dude comes over for dinner and spends the night, then if he gets here at 8am for breakfast and hangs out all day.

That's mostly what I don't understand.

Yeah, way OT.
 

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