"supervised visitation" how to get court ordered visitation?

This is a discussion on "supervised visitation" how to get court ordered visitation? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Since the time my daughter was born i have never had time with her without her mother around. She is ...

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Old Sep 18th, 2009, 02:11 AM   #1
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Exclamation "supervised visitation" how to get court ordered visitation?

Since the time my daughter was born i have never had time with her without her mother around. She is 2 years old, and I have also raised a 1 year old boy with my fiance' (we have been dating for 3 years now). My daughter's mother and I were never married and she got pregnant after we broke up, unfortunately. She has always refused alone time with my daughter, first b/c of my girlfriend, then b/c i hadn't proved myself...so i decided that all we did is argue and nothing was getting solved and i was going to just save up for a lawyer. Well, a year went by and that never happened...so here I am attempting with her again. I have been visiting once a week for 8-9 hours over at my daughter's mother's house with her there the entire time. I also bring my son along so that he can get a chance to know his sister...but now, apparently him being there is not beneficial for my daughter b/c she has to compete with him for my attention, and she throws temper tantrums when he is around...even though the doctor wanted her to put my daughter in a class with other children b/c she doesnt speak any words at the age of 2 and has no interaction with anyone other than her mother and her bf..... (my ex's words) ... but interaction with her own brother is not beneficial....She told me this tonight.

See, on one of the recent visits i offered to take my daughter out shopping for new clothes (no i dont pay child support b/c she refuses it and say i have to sign myself up...she really doesnt need it to be honest, she doesnt even support herself. Her family is rich and she lives in a house that they gave her, she pays no bills, not even her phone or internet/cable, they buy my daughter's diapers..i only know b/c i offered to...) me, on the other i hand..i am a waiter at a restaraunt and support myself, my son, and my fiance' and DO pay all my own bills. (not to mention im very much i debt from a car that was reposessed after we broke up and she kept ALL of both of our belongings after the split besides me clothes...so i had to start completely fresh with things like dishes, etc.) ....and she said again, as always that she is "not comfortable with my daughter leaving with anyone without her being there as well" (and she does mean everyone...no one in my family even knows what she looks like b/c i am only "allowed" visits at her house...so, her bf gets upset and says he is going to talk to her, comes back and claims that she has agreed to drop her off at my house this week, and when i talk to her she says that never happened. Apparently his "memory is bad"

Long story short, I need to file for visitation. WE both live in Ohio, I am on the birth certificate, and I need to know how to get the ball rolling. She will have a lawyer, as I said her parents are millionaires and take care of her still...also, I have a felony 2 from when i was 18. She will more than likely try to use that against me...actually, she has already said as much.

I have kept records of alot of conversations such as this, have video of myself with my daughter, and plenty of pictures....I dont do drugs, or gamble, im not abusive...so in short no she does not have any valid reasons other than that ...sigh....she just doesnt want to do it. "my daughter wont be comfortable" "i need to prove myself" "she is her mother and decides what is best for her" "im letting my pride get in the way of being a real Dad" (yeah b/c being a real dad is visitng once a week with her there the entire time, right?)


any help would be greatly appreciated. Please. I am probably going to try and use my tax refund for whatever expenses i may need, hopefully it wil be enough. But i need the info first!
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Old Sep 18th, 2009, 07:33 AM   #2
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Default Re: "supervised visitation" how to get court ordered visitation?

Start calling around for lawyers. Interviewing, finding the one you want. Ask about the retainer fee. When you find an attorney you want, ask if you can start sending say $20 a week for the fee (or more if you can). Then when your fee is paid, you can start your case.

If your felony conviction doesn't involved harming a minor, you should be OK.

You could see if he'd file for an temp custody/visitation order in the meantime. A hearing would be scheduled for usually a month or more off and may be delayable... The "lower" your request, the more likely to be granted.

Example that MIGHT work
Every other Monday evening for 4 hours on the monday following HER weekend
every Wednesday evening for 4 hours
Every other Saturday noon to Sunday 6

My thoughts anyway....
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Old Sep 18th, 2009, 09:52 AM   #3
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Default Re: "supervised visitation" how to get court ordered visitation?

you will need to file for paternity, then file for custody. you can do better than a few hrs a week, you will get over nights. dont settle for fight for your child. talk with a lawyer right away!
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Old Sep 18th, 2009, 10:08 AM   #4
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Default Re: "supervised visitation" how to get court ordered visitation?

But if he starts from NO custody and requests 50/50 parenting in a temp custody order, it WILL fail then he will have no custody for more time. If he starts his initial request small...he is more likely to get some immediate form of parenting time.
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Old Sep 18th, 2009, 10:55 AM   #5
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Default Re: "supervised visitation" how to get court ordered visitation?

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Originally Posted by Gbyte View Post
But if he starts from NO custody and requests 50/50 parenting in a temp custody order, it WILL fail then he will have no custody for more time. If he starts his initial request small...he is more likely to get some immediate form of parenting time.
how will it fail? please explain that. he has to establish paternity, and the courts will allow him visitation while they decide custody after he is proven to be the childs father. they have whats called triage mediation and they dont agree there they go right back in to the see the judge the same day, and the judge will most likely give supervised visitation from a court appointed 3rd party, and they will report how the visitations go for set amount of time, and he will get more from there.

DO NOT TAKE HER ADVICE, talk to a lawyer it's free and they will tell you exactly what you can do, and dont just talk to one, talk to several. You have more rights than a couple hrs a week to see your child, and if the role was reversed the mother would be outraged at a couple hrs a week, as you should be too. FIGHT FOR YOUR BABY!!!
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Old Sep 18th, 2009, 11:55 AM   #6
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Default Re: "supervised visitation" how to get court ordered visitation?

"they have whats called triage mediation and they dont agree there they go right back in to the see the judge the same day, "

In Ohio??? I live here and never heard of that.

No, he won't likely have to have supervised visitation. If he asks for a reasonable starting point in gaining parenting time in his exparte request, it will likely be granted.

You tell him not to take my advice which was to talk to multiple attorneys and seek an emergency order for unsupervised overnight visitation, then tell him to talk to multiple attorneys and accept supervised visitation (even if just temporary). HUH?

Hopefully his name is on the birth cert and he signed the acknowledgement of paternity at the hospital. That will help....
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Old Sep 18th, 2009, 01:16 PM   #7
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Default Re: "supervised visitation" how to get court ordered visitation?

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"they have whats called triage mediation and they dont agree there they go right back in to the see the judge the same day, "

In Ohio??? I live here and never heard of that.

No, he won't likely have to have supervised visitation. If he asks for a reasonable starting point in gaining parenting time in his exparte request, it will likely be granted.

You tell him not to take my advice which was to talk to multiple attorneys and seek an emergency order for unsupervised overnight visitation, then tell him to talk to multiple attorneys and accept supervised visitation (even if just temporary). HUH?

Hopefully his name is on the birth cert and he signed the acknowledgement of paternity at the hospital. That will help....
Yes i did sign the affidavit and i am on the birth certificate. Actually, she has my last and middle name.
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Old Sep 18th, 2009, 01:21 PM   #8
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Default Re: "supervised visitation" how to get court ordered visitation?

Shoot for an exparte order for temp custody arrangement. Really, don't ask for too much in the temp order. Temp orders are typically to provide basic parenting time while awaiting custody court or to make the parents return to a previously agreed upon but not court ordered schedule if one of the parents now refuses to comply with the terms. Asking for too much is going to get you a denial. No guarantee you'll get what I listed...but at two and having signed the birth cert and paternity, you might. You can go to your local health department and get a copy of your childs birth cert. You should probably do that. Call some attorneys and get moving. Good luck.
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Old Sep 18th, 2009, 03:34 PM   #9
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Default Re: "supervised visitation" how to get court ordered visitation?

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Yes i did sign the affidavit and i am on the birth certificate. Actually, she has my last and middle name.
dude get a DNA test first and foremost, then go from there.
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Old Sep 18th, 2009, 05:13 PM   #10
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Default Re: "supervised visitation" how to get court ordered visitation?

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dude get a DNA test first and foremost, then go from there.
He already acknowledged paternity when he signed the AOP and the birth certificate. He has accepted the legal responsibility of being the child's father. A DNA test is not at issue at this point.
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