I have filed a non molestation order and a non occupation order whilst living with my husband. We are now going through divorce proceedings and he wants to be able to take my son for a week and i said no. What do you think the judge is likely to decide?
2007-01-21 06:06:38 · 10 answers · asked by themis 2 in Family & Relationships ➔ Marriage & Divorce
sorry but unless the father poses a threat to the child the fathers rights are equal to yours.
2007-01-21 06:11:58 · answer #1 · answered by shelly f 2 · 1⤊ 0⤋
You have to have a good enough reason. But the Judge will look at your orders which you have made. Before you see the Judge, make sure the orders are in your file and ask the family court to make sure they are seen by him before you go into Court.
If the reason is good enough, the Judge will not let your son go for a week. You could ask for supervised visits between your son and your ex.
Good luck
2007-01-21 06:13:50 · answer #2 · answered by kylie_rm13 3 · 1⤊ 0⤋
If you reflect on the term "our son" you may possibly change your mind and not take up any issue with your son staying with his father,which after all sounds normal,and something the boy is used to. I f you say no you may need to say what your objections are,and if they are about a genuine concern about your son, and not all abou you then the judge may dane your son from spending time with his dad.
I imagine you have gone ,or are still going through a very painfull period with loss,because that is what comes up with divorces, and its not easy to find peace of mind.
You need to be good to yourself,and especially when you are feeling vulnerable,nurure yourself the best you can. Goingbthrough conflict in the courts can bring up all the conflict,pain,anger,and other painfull emotions that can come fleeting to the surface.
Of course its good for a mother to look out for her son,but it may be good for your son to spend time with his dad.
I dont know if you are in fear of losing your son,but if you let him go he will love and respect you more than if you prevent him from seeing his father for the wrong reasons.unless their are no good reasons for a son to spend time with his father ,then there should be no good reason for the judge to decide he shouldnt spend time with his dad.If your son has been abusewd by his father,then there is no chance he will ever be left alone with him.
2007-01-21 07:07:20 · answer #3 · answered by meditation and mango juice 4 · 0⤊ 0⤋
what is a non molestation order? Is your husband violent towards you and/or your son? Can you prove it? The judge will decide on the basis of evidence provided.
2007-01-21 06:20:13 · answer #4 · answered by D B 6 · 1⤊ 0⤋
Probably not if he is under investigation for molesting the child. This is really up to the judge however and you will need an attorney to help as well.
2007-01-21 06:20:47 · answer #5 · answered by Lady Hewitt 6 · 0⤊ 0⤋
That should depend on the reason for you making the orders - in principle the father's rights are equivalent to yours and there needs to be reason to fear for the boy's safety.
At the same time, in most jurisdictions the mother's rights are in practice put before the father's (in these particular circumstances - don't want to start a flame war here!) so you are likely to find that your wishes are respected.
2007-01-21 07:14:34 · answer #6 · answered by lozatron 3 · 0⤊ 0⤋
If you have any reason or evidence to show that your child will not be safe with your spouse, make sure your lawyer submits this to the judge, otherwise your husband might be granted overnight visitation.
2007-01-21 06:23:37 · answer #7 · answered by artist-oranit.com. 5 · 0⤊ 0⤋
The judge will decide what's best for your son
2007-01-21 06:18:38 · answer #8 · answered by Anonymous · 0⤊ 0⤋
is he abusive to your son, would he ever hurt him, if so then no he wouldn't get overnight visitation,
2007-01-21 07:10:38 · answer #9 · answered by twinsters 4 · 0⤊ 0⤋
I havnt a clue.
2007-01-21 06:10:33 · answer #10 · answered by Anonymous · 0⤊ 0⤋