inquiring father's rights when said father has a "criminal"history. Soon-to-be-Ex wife makes constant threats.
476639
It will have nothing to do with your background if that was some time ago. As long as it wasn't a sex crime or murder I really can't see what this would matter. Maybe you both need to seek help for your problems..........................
646009
I'm surprised that you've been bothered as many times as you have...I would expect that the coppers down there would have figured out what the ex's game is all about by now.\n\nYou've got a bunch of questions here, really.\n\nDo the police have the right to come every time he calls?  \n\nSure.  And they can come when he doesn't call, and they can come when the sun comes up and when the sun goes down.  It's what happens when they get there that is really the issue.\n\nIs it legal for them to wake you up? \n\nAlways legal to wake you up...always.  Can't imagine a law that says it would be illegal to wake people up.  \n\nAnd search the house?\n\nWhole different story here.  What do you mean by "search?"  Are they looking in cabinets and drawers, closets and bedrooms, pill bottles and cigarette cases?  Are they doing it against your will, or are you kindly allowing this to happen?  \n\nDepending on the circumstances, it *may* be appropriate for the police to enter your home against your wishes and conduct some kind of search.  I would expeect the search to be very limited....VERY limited...but it's conceivable to me, depending on what the ex has told them, that they may feel they have cause to enter and search.  Boy...the more I think about it...I really need to know what you're talking about when you say search.\n\nDetails and suggestions?\n\nYou betcha.  \n\nFirst of all, the things I said above would apply the first, or maybe the second, time the police show up at your door.  After that, it seems to me they really should be getting the idea that the ex is out to tweak you.  \n\nIf you think they've exceeded what you think is reasonable, then call the agency and ask to speak with the Watch Commander.  Explain your situation, and ask him/her what you can do to stop these frequent, harassing checks.  You may or may not be happy with the response; if someone calls up with halfway believable information about a child in potential jeopardy, we take it seriously.  So do the courts, and that's why we have a little more latitude than usual when it comes to making a welfare check on children.\n\nYou may end up back in court, dealing with the restraining order.  If you can substantiate that your ex is harassing you, that he cannot possibly know the things he's saying are happening, are really happening (in other words, if he says the baby's room is filled with dirty diapers, and he isn't allowed in the house and knows no one that tells him that), then you *may* be able to have the court order him to stop reporting this information to the police.\n\nYou are right to feel the way you do.  Like I said, if it's as bad as you make it out to be, I'm surprised the cops haven't given up on it yet.  There's probably more we could talk about, but these are the answers to what you asked so far.\n\nAnd do us both a favor: don't print this out and take it to the cops, telling them, "Look, this cop says you should stop coming to my house."  I didn't say that, and the cops you talk to there will have no way of knowing or caring if I really am a cop or not.  They also know more about this situation than I do, and I would trust them to make the right decision with whatever information they have.\n\nGood luck.
775482
In Ontario (and I suspect in BC too) we have a zero tolerance policy in regards to domestic violence (that includes threats).  If you report this to the police they may lay charges whether you want them or not. If you fear for your safety you could go to a justice of the peace and ask for a peace bond.  They have no obligation to call the police and if you get a peace bond then your ex will have to stay away from you. You can also contact your local woman's shelter for counselling, they can help you with safety planning and will also give you advice about whether or no they think that there is a risk to you.  \n\n\nBut despite all that I have already mentioned.....\nIf you fear for your safety and your ex has threatened you then you should go to the police regardless of the outcome.
1097289
First, I'm going to say... call an attorney in your area that practices primarily in family law.\n\nYou may have a right under your state's law to request an expedited hearing on the matter (again... ask an attorney).  The order was obviously signed ex-parte (without a hearing).  Usually, an order like that is signed only if the person requesting it alleges more than one occasion of abuse or neglect, and a reasonable fear that it will continue.  \nA judge will sign an order like that because of the potential danger involved in waiting.  If he or she thinks (even for an instant) that there is the slightest chance the allegations are true, then they will sign the order.\n\nAgain, call an experienced family law attorney in your area.
1042028
I think you should talk to the local authorities and tell them what's going on. He sounds abusive; if nothing else controlling. You may even be able to get an interpreter, if necessary, depending on your location. They will likely direct to to your local social services office. They can tell you if you need to and are able to file a protective order (i.e. restraining order).\nIt certainly doesn't sound as if you or your Mother have done anything illegal, and if he is your step father and a U.S citizen, your Mother probably went through INS for a permanent residence card (meaning she's here legally). I hope you two are able to work it out.
24876
If he has done something other than as outlined in the agreement, he has violated it. There aren't really laws that cover custody in general, aside from the major things like a biological parent has automatic custody. Instead, your agreement should contain everything. If he goes against it, contact your local police department (not 911) and tell them that your ex is violating your custody agreement.
1114161
Hmm, technically if his name is not recorded anywhere on anything legal, you could claim you don't know who her father is.\n\nThe court would publish a notice of the intent of adoption in the local papers for a few weeks, and if the father doesn't appear to object, then all goes through without a problem.\n\nIf you had acknowledged anywhere that he was her father, you would still have to notify him and get his approval, but I would just play dumb and say you don't know who her father is.\n\nUnfortunately even if the father doesn't visit the child, pay child support, etc. he still has rights in the eyes of the law.  Stupidest thing I have ever heard of, but oh well...
1145955
I had to think one this one for awhile, since so many bizzare things occur often.\n\nI would have to say that one of my most bizzare experiences ever was being stalked and sexually harrassed by my ex-stepfather.  \nLet me explain:\nI never lived with him.  I lived with my father when my mom remarried.  Their relationship, including marriage lasted about 3 years.\nAwhile after the divorce, I started getting prank calls where there were weird background noices and sexual noises like moans and like this person was pleasing himself.  This went on and off for five years. \nWell it seemed to stop for about 6 months after I got caller ID, in my area.  So, I wondered if this person lived in my town.  I thought that must be the reason they had stopped calling and felt confident that it had finally ended.\nBut.....then I received a call from the same person--the same background noises but THis TIME--he actually spoke and this frightend me.  I was all alone--my dad was in the nursing home and I lived there alone for the time being.  He told me that he wanted to Fck me and laughed--he whispered it, so I really could not identify the voice.  \nThis contined to go on throughout the year, even when my dad returned home.  He even called my dad when I was gone and did not give his name and acted like he was one of my guy friends--asking where I was and things like that.  My dad was smart enought to know that this person was not my friend and he figured it was my stalker.  So he hung up the phone, just as I walked in the door.  Okay, at this point, I need to mention that I had previously gotten law enforcement involved and had got a trace put on my phone.  I freaked out when they told me his name--it was my step father.  oooooooo!!!! Yuck!!!\nMy dad did not have long to live, so I never told him who this person was, because I did not want him to worry.  I played it off like it was no big deal.  So everytime he called, I contacted the phone company to trace the call.  The county attorney supeoned his phone records and yes it showed my number often.  So I had proof.  His conversations got more explicit.  He told me that I looked good and that he WAS going to fck me,,etc...\nSo, I had finally had enough and was frustrated because the attorney did not want to take it to court.  He kept putting it off --for over a year.  It took that long to get to court.  I pushed the issue and told the police of my complaints against the attornery. One of the local deputies sat in on my consultation with the attorney after that and my attorney insulted me infront of the cop and even through my papers on the floor and said that he had even lost the call logs and everything.  Well, the police and my protest put a fire up his AS* and finally was taken seriously.  \nI got the Women's Crisis Center involved and this helped me a lot.  She prepped me and told me my rights and how to get the lawyer to present my case.  I even had a friend as a witness to one of the calls--she overheard it--and she testified.  He plead innocent initially, however his attorney convinced him otherwise, after knowing I had enough evidence against him.  He wanted a plea bargain.  I contested in court and his attorney made fun of me infront of the judge and said "Well this person wants to play perry mason so I guess we will have to go tor a trial.  A date was set and I was so excited---I wanted to see him go down, for disrespecting me--emotionally and I did not want him to get away with this.  What a Pervert!!!  Well, he plead guilty and even took the stand against the advice of his attorney.  My attorney got him to admit that he had called numerous times for the past years--up to seven.. and he said he knew that it was wrong--he said he did it because of what my mom did to him and that his anger would take him to the grave.  Well, the judge asked what I wanted from the court--and I did what my attorney and Crisis worker said that would be taken seriously and plausible.  The judge gran
231368
They do and if the attorney you are using does not seem to be helping, fire that one and find another. Unfortunately it sounds like you never adopted. However, if you supported the child for seven years, you have a strong case for either reimbursement of expenses, which could be used as a weapon against the father to get her back. I know that sounds crappy but you may have to play dirty to get the best interests of the child met. Check your states judicial website, most states have them, and prepare for a lot of research and find what the laws are in your community. Most of it is pretty cut and dried. You can get visitation rights at the minimum, especially since she spent so much of her life with you. Start making phone calls and pleading your case for advice from folks who deal with thiese issues regularly, social services, free legal services from your county etc. Plan on being creative and doing a lot of soul searching. Best of luck to you and to her.
268909
I don't see why you would have to tell he anything like that If she needed it for a real reason she would use a warrant. Try filing for harassment against her, or a restraining order.
118217
He may need a lawyer to file the request for visitation. That would have been taken care of in divorce court. He has rights and the court needs to know the situation to guarantee his rights are ordered and enforcable. If the mother is unfit and the father cares about his children, it would be morally wrong for him not to remedy the situation.
315198
I have shared custody with my exhusband with our sons.  I can tell you right now that as long as he pays child support and its in their court papers she will have to let him visit with his kids.  She cannot deny his rights no matter how much she wants to.  There is a thing he needs to know about called father's rights.  There is an organization for the rights of fathers.  With my situation my exhusband shares custody and we have always talked about it with our kids because they are involved with this too.  There is something he can do too because i could not keep my exhusband from seeing his sons.  Of course now he chooses not to see his sons because of his retarded alcoholic girlfriend.  Sometimes if you step back and let things happen the way they do it works out better than what you think.  The more he argues with her the worse off she will become.  My advice do like i did let the courts handle it dont fight the decision and let things take its course.  Also keep in mind that since he is still married and he is living with you that can count against him.  I hate to say that but its true.  She can hold that against him in court.  I know about all of this my exhusband was not allowed to live with his girlfriend until after our divorce.  In the divorce is where all things should be stipulated and rules set forth.  If he pays childsupport she will have to let him visit with his sons no matter what.  Don't let it stress you to the point it gets out of hand she is using the kids as stomping ground for him.  She is mad because he has decided to move on without her see what i mean?  After awhile things will work itself out.  I promise on that one.
578957
I would have him investigated. Seriously talk to people who really know him. Maybe he's just trying to ease his guilt of being a deadbeat dad for 7 yrs. What ever his intentions are he is not doing it for your child. I've never seen a child that could not sense good intentions in an adult, they are very perceptive. Your right in being concerned. Talk to your attorney. about keeping him away...and I would not put his name on her  birth certificate. That is something she will have her whole life. Doesn't sound like she would like to see his name anywhere near hers.
881007
AVO - Apprehended Violence Order. Even if she has never physically abused your or your partner what she is doing is still harrassment! Speak to your local police about how to obtain an AVO. Then have a paternity test and have her out of your lives completely. Its annoying but try changing all your numbers and make sure she cant get them.
1112564
I live in Georgia and am a man. My ex wife is abusively controlling. After our divorce she turned into super mom. Having to control every tiny thing about the children to the point of obsession. My son wants to be with me and my attorney says the judges have to consider a request at 12, strongly consider at 13, and no choice but accept the request at 14. Unless the request isnt in the best interest of the child, ie... the requested parent is a crimminal or drug addict etc...
1125181
If you can demonstrate that the facts are as you say, the court will rule that she has no right to your property.  There is palimony in CAlifornia (various rights gained through a marriage like relationship) but if you can show that you made it clear there was no marriage-like agreement, than she has no such claims.  Even with such claims, she probably would have no right to the house.\n\nHowever, believing facts to be a certain way, and being able to prove to a court faced with different facts are two different things.\n\nHow long can she keep you away? At least until the hearing, and probably a bit longer, even if you can prove your versions of the facts.\n\nBut look -- you  have a lawyer.  Get your advice from him or her, not from random Yahoo posters.  If you don't have a lawyer, then you have no chance.\n\nNow -- you will have to pay child support.  And it is unlikely you will get custody of the child, to raise an issue youhaven't asked about.
495230
CPS isn't in the business of enforcing court orders, the police are.\n\nIf the order is still valid, and your ex's girlfriend is not supposed to be around your daughter, then any time she is around your daughter, she is violating the order.  Depending on where you are in California, the police might have a few dozen better things to do, if you want the honest truth.\n\nIf you are an eyewitness to this situation, you can file a report with the police (who may or may not accept the report), or you can get yourself to the issuing Court and ask to be put on calendar for a contempt hearing, where you will have an opportunity to explain to the judge how the order is being violated.  Depending on your daughter's age, she may or may not be interviewed by the police and/or questioned by the Court.\n\nI guess the bottom line here is simple: if the order is still valid, this woman is violating it when she is within 100 yards of your daughter.  However, her defense (obviously) will be that the child's father has seen fit to allow them to be together in violation of the order.  The judge may not see it that way, but he/she would have to be made aware of it first.\n\nIf you don't think this woman represents a threat to your daughter's safety or well-being, let it be.