Can a father's visitation rights be taken away if he does not utilize visits? 2 Answers as of April 02, 2012

My son's father has visitation rights with our son, which he is very inconsistent with. He shows when he pleases and is missing and we hear nothing from him for months at a time. He did not show all of February and most of March so I contacted him to see where he has been and it was let me see him now. So I asked my child and he said no. So I told his father that and to give him a little time and he might get over the hurt, He then proceeded to take me to court,, which we have April 6th trying to say I violated the order. Can I get his rights taken away for being so inconsistent and causing my child nothing but hurt?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
This one's going to be tough because just as you will explain to the Court that he started this situation by not seeing the child consistently, he will claim that you caused it all by bad-mouthing him to the child behind his back which is what caused the problem. Usually, if the child is now a teenager, it will be up to a Judge to decide what to do about missed visits and whether it justifies keeping the child from his father. I suggest you hire a good lawyer so yo don't get confused when you go before a Judge. Good luck.
Answer Applies to: New York
Replied: 4/2/2012
Bruce Plesser | Bruce Plesser
I would raise all of those issues at the hearing and bring any evidence that supports your position. The judge will rule who is in violation and who is in compliance.
Answer Applies to: Florida
Replied: 3/30/2012
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