My soon to be ex has a long criminal history and is living with his mother whom smokes like a chimney. He refuses to agree to anything pertaining to the divorce and is now leaving child custody in the hands of a judge. I am so scared that he will get some visitation with our 6 week old son that is unsupervised and he will run. He has only spent about 4 hours total with our son since his birth and contributes very little. My attorney says not to worry but this is my child and I am scared.
2006-10-17 11:14:14 · 15 answers · asked by liyah's mommy 2 in Family & Relationships ➔ Marriage & Divorce
and knowing the history of the united snakes of America criminal justice system you have every right to be scared.
2006-10-17 11:16:37 · answer #1 · answered by mf mf mf mf mf fmf mf mfmfmfmfmf 4 · 0⤊ 0⤋
If you have an attorney, there is even less of a reason to be scared. If he has a documented history of violence, and unstable behavior, then you are fine. If you WANT him to have visitation, you can stipulate that you want it to be supervised. After the judge hears your side, I don't think that there is anyway that he would allow that. Also, you can tell your attorney to apply for a family law restraining order that will restrict the husband from leaving the county and state with the child.
Whatever your fears are, tell your lawyer, and have it brought to the judge. If your lawyer isn't doing what you want, get rid of him/her. But with a lawyer, I think you have a better shot at getting what you want.
2006-10-17 18:30:52 · answer #2 · answered by lilac b 3 · 0⤊ 0⤋
He will get visitation rights. Your attorney is just trying to keep you calm until the court date. There would be no reason for the judge to withhold visitation from him UNLESS he former crimes are against children. Dope, shopplifting, none of those will matter and regardless he has probably paid his debt to society so the judge will most likely give him weekends, holidays, and some evenings durring the week.
I've seen it a million times.
Sorry but that is how our system works.
2006-10-17 18:19:32 · answer #3 · answered by dik 3 · 0⤊ 0⤋
Unless you can come up with some evidence, you are right. Chances are he will be given visitation rights. Courts cant go on hearsay from you or anyone else, so I suggest you do what you can to prove to the court that he is an unfit parent. Good Luck.
2006-10-17 18:18:03 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You have to make sure the court knows about his drinking and I would never agree to an unsupervised visit . you have a right to protect your child.. do not settle. keep fighting and that bastard won"t have a leg to stand on, bless you sureilll
2006-10-17 18:22:51 · answer #5 · answered by COOKIE 6 · 0⤊ 0⤋
the courts tend to favor mothers in custody battles and if you have proof that he is unfit as a father, he will not get unsupervised custody
2006-10-17 18:21:24 · answer #6 · answered by Thumbs down me now 6 · 0⤊ 0⤋
Givin his past history and the age of the child I dont think a judge would.
2006-10-17 18:16:59 · answer #7 · answered by d2347 2 · 0⤊ 0⤋
chances are pretty slim. I would suggest you net let up on this however. If you have any fears about the child's safety you have to do what ever it takes. Documentation is everything.
2006-10-17 18:22:19 · answer #8 · answered by jaynowa 2 · 0⤊ 0⤋
beside what everyone else said.....are you breastfeeding? this will also help to not let a baby so young out of your custody. and don't be scared. your attorney is right.
2006-10-17 18:25:06 · answer #9 · answered by Bella 5 · 0⤊ 0⤋
none, if he has a alcohol back ground and the court is aware of it, then he won't get unserpervised visits,specialy if there was abuse in the relationship
2006-10-17 18:17:23 · answer #10 · answered by Cobra 5 · 0⤊ 0⤋