would a judge give a father unsupervised visits with a 2 month old if he has a long history with...?

Question

My preliminary hearing is coming up and I wondered if anyone thought a judge would give unsupervised visits to a father who has not visited his 2 month old son in a month, and has a long history of drug and alchohol abuse that has caused him to be in jail. He refuses to visit his son because it is supervised and he wants to take his son to his mothers house where he lives. This is a problem because my son was premature and his mother chain smokes, let alone my husband is constantly buying narrcotics online....I have alot of documentation but am so scared they will let him walk out of my house with my son...any ideas??

Answer 1

I have no faith in the judicial system at all and I have heard it said if you want justice then the judicial system is the last place you will find it. It is a game between laywers and it really doesnt matter what the truth is...the lawyer who is the better one usually wins. Common sense does not play a very big role in the judicial system and I would say from what you have said a Judge would be mad to give the father unsupervised visits...but most judges are too old and decrepit to make a common sense decision. I dont know of any other job where someone can stay in such a responsible job when they are so old. I would get a good lawyer, but that doesnt mean to say your son will be safe. If I were you, I would move a long way away, not out of the state, just a long way away so as your husband will have to travel too far to have these visits, and if he is so engrossed in drugs then he is not going to spend money on gas to see his son. I think the fact that he hasnt seen him for a month is proof that he is not really interested. I think you and your son would probably be a lot better off without him in your life. Drugs do terrible things to a persons brain and I would not trust any child of mine with a user. Like I said, I have no faith in the judicial system, so there is no guarantee that he wont be allowed unsupervised visits. Just get the best lawyer you can and cross your fingers that the Judge isnt so old as to have his brain clouded by Old timers disease....lol. I know its no laughing matter, it is serious....but I cannot take the judicial system seriously at all, and if the matters werent so serious then it would be laughable. Like I said, I would take my son a long way away so as to make it hard for the father to have access. Sometimes that is not an option though, so your next best option is to get the best possible lawyer.

I wish you all the luck in the world.

Answer 2

Very tough situation. It all depends on the state your in as well. As the father, he is entitled to visitation given he is paying his child support. If there's no support, he is considered a deadbeat dad and loses his rights. Knowing his history, I would have your lawyer make the request that unless certain criteria is met (random drug tests, etc.) that he has to have supervised visitation. If you have the documentation and supporting evidence the judge will work with you. Make sure the lawyer does his/her work. As your husband, this will be tricky too...the judge will wonder why you're not divorced yet unless this is what you're heading for.

Answer 3

I cant promise anything But you have got a bloody good case and aslong as you can back it up then you should be on a roll. I am going through mediation with my ex at the minute and i guess reading your problem i should be grateful that he doesnt have a history like that. Even if he didnt have a problem it doesnt sound like he has established any kind of relationship with his son (same case with my 13 week old son) and they will not turn round and tell you to hand him over to him. They take your baby's interests into account first and whatever your feelings for your ex you are his mother and you no what is right for your babe!! they will respect that.

Answer 4

Hi they will not let him have unsupervised contact with his drug addiction also you sound like you are worried about him being on his own with your child this also comes into affect with the court i am on anti depression tablets and the court will not let my ex-husband see the children because myself the main carer would be to distressed and this would have an affect on the children as the same would be for yourself.
Good luck.

Answer 5

I would think that unless he has a history of abusing children, they could very well give him unsupervised visits. Unless you can prove that the child will be in danger, he may get the visits.

Answer 6

The judge might do this if you have a lawyer or not, judges do whatever they want.............I had a similar case, and believed me, judges just don't care, about the well being of the children like they presumed! Good Luck!!

Answer 7

The judge might do this if you don't have a good lawyer.

A good lawyer is important....ask O.J. and Robert Blake.

Answer 8

they probably w/ make him have supervised visits but my question is didn't you know all this before you got pregnant?

Answer 9

That is hard to say. The system sucks. I hope he don't. Good luck.

Answer 10

ARE YOU CRAZY?? HOW CAN YOU ASK SUCH A QUESTION?IF YOU NEED AN ANSWER YOU SHOULD NOT HAVE THE BABY EITHER......NO JUDGE WOULD EVER GRANT SUCH A VISIT......I WISH YOU LUCK AND JUST TELL THE TRUTH ABOUT HIM AND HE WILL NEVER SEE THE CHILD..........THEN MOVE ON WITH YOUR LIFE AND NEVER LOOK BACK......