visitation

[dezert3000]

What are Californias laws on father visitation rights? My daughter's mother won't let me visit her or any of my family. She keeps calling all of my friends and family trash, and her and her family call my daughter a squaw. Which she insists is a joke and can't possibly be offensive because of the dictionary definition of the word meaning a native american woman or wife. I'm of native descent and my entire family and all my native and non-native friends consider the word a complete insult. What can I do? I need help.

[New Education]

IF your name is on the birth certificate or you have been proven to be the father of that child you have EVERY right to seek visitation.

If you do not have a visitation order through the Court house in your city - or the city where the child resides, I suggest that you obtain an attorney in your area (unless it's a small town, get one from outside town..) and petition for visitation.

If you are not paying child supprt, I suggest that you start making some kind of payments - GET RECEIPTS if you are paying directly to mother..

If the child is under two years old and you are listed ON the birth certificate as father and you feel that you may not be, you can request a paternity test. - After age 2, and being listed on the birth certificate, you ARE known as the father. Especially if you were married.

If you do not have a court ordered visitation schedule at this time, mom or you can pick the child up from school and no one can dispute it. Until there is such a document on file.

In the visitation schedule stipulations you can demand that there will be NO belittling of the other parent or family in front of the child - this will have to be proven to file contempt on her (once the order is in place) AND will include name calling...

As far as calling the child a "Squaw" that is a little tougher, but may be used as a reference of belittling the child... I call my daughter a brat, or rotten child - as long as it is made clear and the child knows that it is all in fun.

IF you are on a Native American Reservation, I know that the laws are different and go by the Native American Laws - I am not sure if both parents have to be on the reservation or just one, but if your child comes to visit and you are on the reservation, you can keep them until you have come to an agreement - but as soon as they are off the reservation, they fall under US Laws - it's like having a foreign country surround the reservation, laws are going to be different.

No matter where you live, it depends on who has the best interest of the children.

If you want, you can also file an OSC (Order to show cause) and petition for custody, then you'll want to have an Evaluator get involved in the case and that person can help decide what is best for the child - who knows, that person may find that you are the parent with whom the child should reside.

USE this website for all the informaiton it has! Trust me it has worked for me!! Read and print anything that you feel pertains to your case.

I hope I helped, and sorry it took so long to answer you, I've had a death in the family and couldn't get to my computer for a few days. Let me know if you have any other questions.




Good Luck,
New Education

I do what I do solely for the children who deserve to be treated with respect and fairness and given a chance to be listened to for their best interest.

[imdaddy]

Nothing a good kick to mother's head wouldn't fix.

Read the following:

http://familyconflict.freeyellow.com/General1/RecommendationsHostile-AggressiveParenting.pdf

It may explain why some women are so hell-bent on fighting good fathers who just want what's best for their kids.