i share joint custody of my son with my ex having 12 hrs weekly visitation?

Question

my ex only has 12hrs weekly visitation and rarely seen him . now he moved out of state and is coming back next week for a visit. i ask why he claims because he misses his son. what do i do legally he has the visitation but he has only seen his son once since january of this year. so do i have the right to stop him from taking my son. just so you know the facts he does drugs also abuses alchol and only moved out of state so mommy and daddy could pay his child support and save him from being put in jail

Answer 1

Look, stop being a jerk. Talking about him being an addict and having his parents support him makes you look petty and vindictive. You screwed him. You had sex with him, so deal with the consequences and don't punish your child because you can't be a grown up. Your child needs both parents in their life. Stop being a dick.

Answer 2

You must make for sure that you have legal papers stating he is not able to remove children from the state. Period.

You can go back to court to and ammend your court order at anytime. You might want to do this if he doesnt see your son he will be oweing more child support. Check with your local court.

Then you must understand you are dealing with a lot more than just anger and his 12 hours a week. Sounds like you took all the responsibilty and and it appears as if hes scott free. Not true. Dont dwell on what his mommy and daddy do for him.. trust me~ Ive been there,,, Im still there... those parents arent helping their son a bit. If they were going to be helpful they would tell him to grow up and get his ~~~~ together.

Obviously you have been through a lot and need some time for you.

Stay strong and above all else just use common sense.

He will be the father forever no matter what.

You DID like him at some point to make a child with him.

Remember, its the best interest of the child. If he has 12 hours a week Im thinking you all went to court if his ism's (drug and alcohol) were a problem that was when you should have expressed your conserns and put it in the court order.

" No drinking or drug use 48 hours prior to visits with child" etc.. I have seen that and THAT is your back up of course if you can tell or PROVE that he used within the time limit, then you can cancle a visit.

Good luck and hang in there. It will get better for you.

Answer 3

you should talk to your lawyer again and request to have another custody hearing. if you can prove he is doing drugs or is alcoholic, then you can also prove he is an un-fit parent and thus he will lose visitation rights or only be allowed supervised visitation with a court appointed "babysitter". you should at least be thankful that you are getting the child support even if it is coming out of mommy and daddy's pocket. for all you know he lives with them now because he needs the help, maybe all his other bills are too much too. everyone needs help sometime. give the guy a little credit. he is making the attempt (even if few and far between), and making sure your getting child support (even if it comes from his parents).

Answer 4

If you have concerns about your son being exposed to substance abuse, then you need to get some proof and then go to court to get the visitation stuff ammended.

You will probably have to get a lawyer. As another member said, don't let him be alone with your son. Talk to the lawyer about getting a temporary injunction to restrict the visitation to supervised by you only. Then move on to the really nasty stuff. Good luck.

Of course, if you are just being vindictive, then, well, remember Karma.

Answer 5

He sounds like a bum. Do he have supervised visitation? I believe in most states you need to let him see your son, unless you have the visitation order modified. You can usually do this if the child is young and it has been a long time since they have seen each other. Why in the world did the court even give visitation to some who is addicted to drugs and alcohol. They were way out of line.

Answer 6

if the father is using illegal substances there is no reason to send your child. legally you needed to let the courts know that he has not complied with the visitation and you are not prepared to just let your son go with him wshen he get's ready, kids need a structure and a schedule. mommy and daddy could also pay for an attorney when you tell the courts that he hasn't been present for his visitations.

Answer 7

First & for many... The courtroom device sucks!! a million) you need to instruct to the courts that he did no longer make the main of the time he become giving 2) instruct that dad did no longer no longer attend any college purposes (IE; parent /instructor conferences and so on) 3) instruct that dad become no longer lively in his extracurricular activities (IE: activities, fundraisers, boy scouts you understand) which will help set up a shape with you & loss of participation on dad's area & final yet no longer least.. 4) have a valid reason you're shifting (IE: advertising, greater desirable pastime ) @ 13 sometimes they take the youngster's opinion into attention ~ perhaps a letter to the choose out of your son might help. reliable success

Answer 8

i see your point, but sweetie, that his your sons daddy..if you try and keep your son from seeing him, one of these days he will disrepect you for it..if you are afraid of your ex doing drugs around your son, then i suggest you get a court order for supervised visits..the state looks at it as long as he is paying support, no matter who is paying it, then he has the right to see his child..but i also have seen parents who hasn't paid support, but are able to see their child, for the childs peace of mind..please remember you and him are not together, this has nothing do with your son..but like i said, if he is that bad of a parent, take him to court for supervised visits..blessings

Answer 9

Talk to a lawyer soon.Better not let him take your son anywhere! A visit at your parents home may work-if you visit at all. Don't trust him with your son!