is there such a thing as full custody with no visitation rights?
so right now im raising my daughter all on my own. her father wasn’t around to sign the birth certificate because he was in jail. he has a criminal history, and he has a problem with alcohol, and he joined a gang when i was pregnant. so is there a way i can get full custody and make it he has no visitation rights? because i don’t trust him anymore. and im scared for my daughter.
btw i live in canada.
It is normal in Canadian courts give first priority to the safety of the child in custody arrangements. If one parent is considered to be potentially harmful to the child (such as having a history of criminal behaviour, violence or drug abuse) then full custody can be given to the other parent alone.
February 25th, 2010 at 12:31 pm
If what you say is true then yes a restrictive custody can be obtained. It’s not what’s right for the adults it’s what’s right and the well being of the child. If he is perceived to be a danger to the well being of the child then I would guess a judge who in their right mind could see that.
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February 25th, 2010 at 12:52 pm
Tell him the police were at your house looking for him and threatened to arrest you if you didn’t tell them where he was. But you started crying and they finally believed you. Tell him that they said that they "just want to talk to him". He’ll be too scared to show up for the custody hearing.
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February 25th, 2010 at 1:25 pm
He’s not legally the father, so I’m pretty sure your’e set.
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February 25th, 2010 at 2:12 pm
If he isn’t on the Birth Certificate, YOU as the only parent on record, have sole custody. NOW! Let’s suppose, I am assuming he is OUT of jail right now, has he attempted to interact with your daughter? It sounds to me, you are still in contact with him! The ONLY way he can FORCE his right to being the shilds father, would be for him to PROVE by DNA that he is! You can always say that he isn’t, but if wants to go ahead and do the test – shouldn’t be TOO hard for him if he has already been in Prison, they keep records like that on file! If he has and does, your only alternative is to take him to Court, for child support, and tell the Judge because of his record and lifestyle, you want Full custody, and monetored visitations in a secure place. NOT in your home, for safety reasons.
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February 25th, 2010 at 2:51 pm
I seem to have to answer this question a couple of time a week, but here goes:
His name on the birth certificate means NOTHING. If he challenges for custody or visitation, the judge will order a paternity test, which will establish the situation. If he is proven to be the father, he will be liable for child support, and he will be eligible for reasonable visitation. Having a ‘criminal history’ or an ‘alcohol problem’ does not prevent visitation. At worst, he is entitled to supervised visitation.
Only a demonstrated risk to the child would prevent any visitation at all.
I am constantly amazed at how many women seem to find a man suitable to father the child, but not to BE the father of the child. You’ve made as big a mistake as he did, honey, I suggest you now think about what is best for the child (and that is two parents)
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February 25th, 2010 at 3:04 pm
It is normal in Canadian courts give first priority to the safety of the child in custody arrangements. If one parent is considered to be potentially harmful to the child (such as having a history of criminal behaviour, violence or drug abuse) then full custody can be given to the other parent alone.
References :
Canadian child of divorced parents