we had an abusive relationship and he was a heavy drug user.. if there is anyway I can keep him out of her life i'd really like to know.
2006-08-03 03:01:34 · 10 answers · asked by joyfulpriss 4 in Family & Relationships ➔ Marriage & Divorce
Support and custody/visitation are separate issues in the court. Legally you can get a protection order against him for any abuse he has committed in the past year and in some states the past two years. You can get a restraining order ex parte, which will ensure he stays away from you, and that you have custody.
In most states, if he has not paid child support, or visited the child in the last 6 months, then you can file for abandonment charges against him. Check some states it is a full year. Either way you will need an attorney. Get an attorney who gives you prices per each court agenda; like how much to file abandonment? how much to go to court? etc...
You can even attempt to have his rights relinquished in most states if you can prove him unfit and a danger to your child. Being a drug abuser will definitely put him in the right category to lose parental rights. You will have to have some proof for the accusation, witnesses help, drug arrests, etc....
I would suggest to you, if you do not have an order already in place restricting your ability to move. I suggest you move out of state, as far as possible, near someone in your family, or a friend. Make a new start, but still file against him for order of protection, and the like. If you are in another state before anyone has had a chance to file the petition in court, then he will have to travel and pay the expense to A.) Find an attorney out of state. B.) Travel to visit your child
If he is a drug user, then he will likely want to save his money for drugs.
Good Luck!
2006-08-03 03:31:46 · answer #1 · answered by Anonymous · 0⤊ 0⤋
i'd hire a lawyer and return to the courts.. if he's being abusive to ur daughter or mistreats her in anyway then let them know u would prefer for him to have a supervised visit.. u gotta show why she shouldn't be around him. u know like is he homeless, is he reliable, is he still taking drugs, does he threaten u , is he working, is he stable???
but keeping her away from him will only hurt her in the long run.. especially if she's not old enought to understand that her daddy is a deadbeat.. as she gets older u just gotta let her know the truth..
we all want what's best for our children and sometimes the decisions we make aren't always the right ones!!
but definitely go back to court to have the child support order enforced and let the judge know about all the bills u have plus the fact that he is not being financially responsible for his daughter..
but again it's ur decision.. until u go to court when he comes around i wouldn't open the door, and i wouldn't let her go w/him.. u can do that, and if he has a problem w/it let him take u to court - which u know he's not gonna do cause he ain't even paying the child support..
good luck..
2006-08-03 10:16:26 · answer #2 · answered by Queen D 5 · 0⤊ 0⤋
Legally....no. However you can do "other" things. If he's a druggie then he probably doesn't have a lot of financial resources. You can 1) Move away far enough so he can't follow easily. If he comes then you move again. 2) You can allow visitation but request the court that he needs "supervised" visitation.
This is some of the wys you can limit exposure. The hardest way is to go into court and have it taken away. Very very difficult to prove and accomplish.
Good luck
2006-08-03 10:31:57 · answer #3 · answered by hoyhoydc 3 · 0⤊ 0⤋
As above poster's stated child support and visitation are 2 different things. Even if he doesn't pay child support he has the right to see his child. Unless he hasn't been in her life for a few years (you have to ask a lawyer about this-each state has their own laws), you can file for abandonment. Also if there is any abuse when she does see him you can try to terminate his parental rights. Good luck to you and your kid.
2006-08-03 13:48:50 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Was his drug use used as a reason for the divorce? Does he have supervised visitation? Did you have a restraining order because of the abuse? If you answered no to any or all of these, shame on you for using your child as a pawn to get money. If he is not paying, go to the DA. They can attach his wages, suspend professional licenses, and driver licenses until he starts to pay.
2006-08-03 10:14:47 · answer #5 · answered by tallerfella 7 · 0⤊ 0⤋
Child support and visitation rights are two totally seperate entities. Plainly spoken, you have no right to keep daughter from dad because of non-payment of child support. My wife and I have first-hand knowledge of this. Hope this helps. I know it isn't the answer you were hoping for.
gGo after him for non-payment.
2006-08-03 10:08:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You have no legal right to keep her away from him unless the courts say so. Document EVERY THING.
If you want child support, contact you attorney generals office.
2006-08-03 10:07:24 · answer #7 · answered by Fishgutts 4 · 0⤊ 0⤋
Unless u get a court order u can't keep him away from her. U need to contact a lawyer.
2006-08-03 10:17:09 · answer #8 · answered by mtngal_1966 1 · 0⤊ 0⤋
No legal right yet. But you have a good reason to take him back to the courts.
2006-08-03 10:06:22 · answer #9 · answered by mustangamer 3 · 0⤊ 0⤋
if he was convicted of these accusations then you can take him back to court w/ the proof and do supervised visitations
2006-08-03 10:40:26 · answer #10 · answered by Lola 3 · 0⤊ 0⤋