Legal Question in Family Law in Kentucky
Absent father now wants visitiation
My daughter is 11. He has been in and out of her life for the last 8 years. Sometimes going 2 years with no phone call. April 2008 he saw her 4 times. Now June 2009 he decides he wants visitation. She does not want to go. Does not know him. He plays vulgur music around her. He threatened her with ultimatums. At one point he moved to California for a year without even notifying us, no address, no phone number. He has 3 other children that he takes care of with a fiance. In the past 4 years he has seen her 4 times. Before that it was off and on. Once every 6 months maybe if that. I am married and my husband has been raising her with me since she was 3. She is begging us to help her and says she has a dad already. I don't know what to do. I am going to talk to a lawyer to see if I have a case, but I have heard they will still grant him visitation. 2 years ago he tried to commit suicide twice and was hospitalized for it. They also have left her home with their 2 small children when she was 8 and forced her to watch them while they left for the evening. I just don't think it's a good situation! Please help! BTW he has paid child support faithfully since she was born.
2 Answers from Attorneys
Re: Absent father now wants visitiation
There is legitimate grounds for asking for no visits, but you are correct that it is likely that visits will be granted. That is why you follow your request for what you really want (no visits) immediately with a requests that visits be supervised. If you can convince the judge of some or all of what you said, then it is likely he or she will require supervised visits. The dad, from what you described, will say to heck with it and not push further.
You can also ask the court to interview your child (little or no cost) or appoint a Guardian ad Litem which you and the father would have to share the cost of.
Re: Absent father now wants visitiation
The Court will likely grant him supervised visits at a minimum. There are laws to file a contested adoption proceeding for your husband, however, you have to prove that the father has abandoned the child and/or is unable to provide for the child's needs. Part of this law also allows you to prove he has a track record of drug use or criminal history to asisst proving the father's rights should be terminated. This is a very difficult option to proceed with, however, it is an option.
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