Does my child's non-custodial parent have any rights to fight for parenting time after falling thru on a previous agreement?

Asked over 1 year ago - Kalamazoo, MI

I have sole custody of my 2yr old. The sperm donor took me to court in Oakland Co. (I was there, he was in Kazoo)for weekend overnight visits, but they gave him every other Sat to meet us there, because she was 14 months and he had never even tried to meet her. He only showed up once, so per the agreement, he lost his parenting time rights. I have moved back to Kazoo and I tried to let him see her, but he came to the house reeking of alcohol and consistently lying, so I said he couldn't see her until he decided to be a mature responsible adult. Now he's having the case moved to Kazoo and feels this will give him a clean slate to start over in the court's eyes and fight for [visitation/custody]. I'm not sure exactly what he has planned. I need to protect my child for these reasons and more.

Additional information

Since day 1, I have been adamant about him being able to see her; which is the reason why I allowed him to see her once we moved closer to him in spite of me having the legal right to tell him that he could not see her (I have proof of this). I honesty do not think it's worth contesting the case being moved, but I am preparing to request drug/alcohol testing as well as supervised visitation based on cryptic, semi-threatening comments he has made to me. Thank you both for the advice

Attorney answers (3)

  1. J. Matthew Catchick Jr.

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . I would kindly recommend you retain a Family Law Lawyer ASAP to defend your rights. Your lawyer may recommend you "fight" his efforts to transfer the case from Oakland to K'zoo, but that decision is based on a myriad of factors, and I defer to your lawyer's discretion on that issue. Respectfully, if the father is somehow able to step up to the plate and become a decent dad, that would be the best result for your child -- you should try to facilitate this if at all possible (I realize a lot of this depends on the willingness of the dad to "shape up"). Please be sure to hire a lawyer, because litigating a custody case can be EXTREMELY complex. I wish you all the best of luck. Warmest regards, Matt Catchick.

  2. Jan Jeffrey Rubinstein

    Contributor Level 10

    2

    Lawyers agree

    Answered . The father of your child certainly has a right to "fight" for visitation. That doesn't necessarily mean that he'll be successful in his efforts, nor that he is an adequate parent, but the court will not estop him from filing his motion and bringing his argument before the court. Generally the courts will try to facilitate some amount of visitation, unless it can be shown that such visitation may be harmful to the child. In a situation like yours, I'd make efforts to have drug and alcohol testing and, if negative, minimal, supervised parenting time with his child. The more evidence you have about his previous failures as a parent, the less sympathy the referee and/or judge will have for his plight. As stated above, having an experienced family law attorney will be extremely important for you. Good luck.

  3. Maya Noor Allayssi

    Contributor Level 4

    Answered . What exactly do you mean by sperm donor? did he donate sperms to via an agreement through an attorney? Or did you just have a carnal relationship for the purpose of getting pregnant?

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