Q: How can I get the court to take fathers rights?
We have a DV case has monitored visitations his mother is the one monitoring. He is trying to modify the visitations but has only seen him 8 times since June 28, 2023. Has not financially supported my son in almost 5 years, isn’t complying with the child support order since back in November 2023. Coming in and out of my son’s life isn’t okay he is mentally and emotionally damaging him, my son has an IEP at school I feel like is too much going on for him. We have court in October 3 but I need advice on using the appropriate words with the judge. He tried saying in his declaration that he sees him every weekend and that my son wants to spend more time with him. He lied, a minors council is involved and my son didn’t even like calling that man dad. My husband has been in his life since age 3 he is now 7and to him that’s dad.
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A:
When you go to court, it's important to present clear evidence about how the father's actions have negatively impacted your child. Since he has not consistently participated in visitations and has failed to comply with child support orders, highlight these issues. Emphasize the emotional and mental strain on your son, especially considering his IEP at school. Document the limited visits and any emotional harm that has occurred due to the inconsistency.
Focus on your son's well-being and how the lack of support from his father, both financially and emotionally, is affecting him. Mention your husband's positive influence and how your son sees him as his primary father figure. Be honest but firm about the reality of the father's involvement and how it contrasts with his claims.
It may help to request a more stable and supportive environment for your child, potentially involving termination or limitation of the father's rights, especially if the current situation is harmful. Make sure to work closely with the minor’s counsel to support your case.
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