What chance does a father have to be awarded with visitation rights, hes been out of the childs life for 1.5 years. he

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Customer: what chance does a father have to be awarded with visitation rights, hes been out of the childs life for 1.5 years. he had a substance abuse issue and has been gone to overcome his addiction. he also moved to a new province
Answered by Legal Ease in 5 mins 1 year ago
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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Legal Ease, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

It is hard for me to know for sure because I don't know all of the facts about the child but in most cases the court would likely find it is in the best interests of the child to have a relationship with their father and so it would likely be the case that the father would be granted access though at first it might be very limited and would need to be supervised.

But each case really depends on their specific facts so I can't know for sure.

Customer
the childs father and mother split up before the baby was born. 3 years of the childs like she spent 1 night every weekend with father( mothers decision) it then became whenever she felt like he was capable.( drug use) she wouldnt allow him to see her without mother present, not even with one of his family members.
Customer
there is not a court order in place and she has always been the one to decide what was happening with the child.
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Legal Ease, Expert

Well she does have the right to make decisions because she is the one with whom the child lives. But the father could likely get an order for some access.

Customer
right. but even without the substance abuse she would decide when to cancel for whatever reason she felt.
mostly just wonder what to expect if he files for visitation whats the best route to go. and how would the 1.5 years of absence affect him.
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Legal Ease, Expert

The best way to go is for him to hire a lawyer. The lawyer will send her a letter indicating that he hopes to resolve this amicably but if necessary he will resort to the courts.

The 1.5 years is very bad for him without a doubt and he should ask for a small amount of supervised access with a view to increasing the access so eventually he forms a strong relationship with the child and then has regular access.

Customer
ok thank you
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Legal Ease, Expert

You are very welcome.

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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