Skip to main content

How can I protect my child from visitation when it has been so long?

Roseville, CA |

My ex has not seen or spoken to our child since July of last year. I am under the assumption that she has given up on him since he is disabled and hard to care for. However, I am worried that one day she will call and want to take him for visitation. If this was to happen, could I hire an attorney and take her to court to ask for supervised visits? I don't want to do that now because my wife is hoping to step parent adopt and we don't want to contact her and "set back the clock" so to speak, I just want to ensure that it is an option to protect my child from visiting with someone who is not trained to care for him. Thank you!

Attorney Answers 2

Posted

If the ex does raise the issue, be prepared to cooperate with a stepwise reintroduction. A little professional coaching may be of help. Most professionals would suggest it is in the best interests of the child to foster contact with his mother rather than "protect him from visitation" but the reintroduction could helpfully involve some supervision, shorter and more frequent visits, etc.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

Mark as helpful

1 found this helpful

2 lawyers agree

3 comments

Asker

Posted

Thank you for your comment! I was given similar advice by another attorney, they recommended I ask for supervised visits, therapy, a reunification process and possibly drug screening. However, another attorney recommended there is no reason to start a case if she is not attempting contact, and since my overall goal is step parent adoption for my wife, it would be forcing my ex to be in contact if I serve her papers now.

Paula Brown Sinclair

Paula Brown Sinclair

Posted

I could not disagree with any part of your "similar advice."

Asker

Posted

Thank you!

Posted

Counsel gives you excellent advice. I would add that you should also check your custody agreement to determine how many times mother has not met her parenting responsibilities. You can generally use that as a tool in requesting supervised visits. Good Luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Mark as helpful

9 found this helpful

2 lawyers agree

3 comments

Asker

Posted

Thank you for your comment! I am not sure what you mean by "parenting responsibilities", the custody agreement only states that she has alternate weekend visitation time and that she must give 48 hour notice if she cannot make a visitation. I have a timeline for the past 3 years that documents all the visits she has missed and the majority had no notice or real reason.

Asker

Posted

Just be sure that YOU are not the reason the visitation has not occured. That could be grounds for change in custody.

Asker

Posted

Yes that is true, I have not prevented ANY contact from occurring, I have made sure of that!

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics