Return of Visitation Rights?

Question

I have 2 children (2 & 3), 6 months ago their biological father left them home alone for 2-3 hrs to get drunk. My 3 year old got out of the apartment, and was wondering the street in the middle of the night alone, while my 2 year old was on the balcony crying for her dad. He is an alcoholic, who was mentally and physically abusive to me during our 4 year marriage. He is a 36 year old full time college student, who doesn't work (not at all). He was arrested on felony endangerment and abandonment, and we went to court about his visitation. He lost all visitation through a temp. restraining order, and was only allowed 2 hrs. of supervised a month. He was also ordered to attend parenting classes. He is trying to take me back to court now (6 months later) to get full visitation rights back. He claims to have finished his parenting class. What should I do. I am scared if the courts allow visitation, it will happen again, and the children will be hurt, or something worse will happen

I obviously wasn't clear (bronzebabekentucky) I am not going to loose custody of my children, I am a great mother. I was concerned that he may get visitation rights back that are unsupervised, not that I will loose custody to him. That will never happen.

Answer 1

Parenting classes don't make him a good parent, it just means that he showed up to them, I'm sure that any judge would know that.

Good Luck!

Answer 2

No judge is going to go from 2 hours of supervised a month to full unsupervised visits with a felony charge against him. He would have to work up to that and 6 months isn't enough time. Just because someone attends there classes does not always mean a good recommendation from the facilitator ( I should know I use to teach them). How did his visits go ..did he show up for them...there will be a report for the judge to view about those visits as well. Try to find out what the social worker in charge thinks about his previous visits. let the judge know about your concerns as well. Also he should have had an alcohol assessment , if he hasn't try to get the judge to order it and if there truly is a drinking problem he will have to attend AA if he wants visitation( you may have to go through the DSS worker to have the assessment ordered). At least this way if he does get to see them more in the future he will have to be sober or the visits will be revoked. Try not to worry to much.

Answer 3

My ex was mentally abusing my children in 2005 and was ordered supervised visitation (with his new wife as supervisor) with no overnights. 3 months later he beat the crap out of her( the supervisor for his visitation!) and was put on probation and lost visitation. He is just now (a year later) trying to get visitation back by saying he is "going" to take parenting classes but he was arrested a month ago for stalking his new wife at her workplace. These people do not change. Fight the courts for the best interest of your children. There is no way he should be allowed to be alone with your children - your kids are too young to be unsupervised and I doubt he will stop his behavior. Keep it supervised as long as you can - you may need a lawyer. Maybe allow him more time with the kids to show you are concerned the kids are allowed to see him, just press the issue you do not want them alone with him.

Good luck.

Answer 4

I really don't think they will return his visitations back without sup.visitations. Make sure you point out the fact, that the last time this happen that the kids was in all kinds of danger and you are afraid of worst things happening. Ask the courts also for a alcohol blood test on or before visitations. Tell the courts that shouldn't be too much to ask, since your children was placed in danger, the last time of his visitations. If he is an alcoholic, he will soon begin to miss his visits and you don't have to worry about that. Let's just pray that he have gotten his act together for the sake of his kids.

Answer 5

Call a lawyer. Does he pay child support? Some places, if the ex doesnt pay you dont have to let them see the kids. If you go to court with this, ask for supervised visits only, have all the court papers from where he left the kids at home and explain that is the reason you are in fear of your childrens lives if left a lone with this man. Good Luck to you and your children.

Answer 6

Ok, I've been to court about this very thing. My ex is very abusive. He lost custody/visitation for 5.5 months when he chased us (me +5 kids) 2hrs, finally I gave him our 2 kids but he continued to chase me & his 3 step kids. I had to call 911. He almost ran us off the road twice, he almost ran his car into the cement mediun. I had him arrested for DV, child endangerment Aggrevated & Menacing 5th degree in criminal court. He got 30 days jail time (suspended) actual time in jail 24hrs, 2 yrs probation, 15 weeks anger management courses & fined $400. He had NO visitation for 5.5 mnths, then he took me to court, he got supervised visitation for 1.5 yrs granted by the judge. Now he is not supervised. Our daughter was mulled by a dog on her shoulder which has left permanent scars (she'd just turned 4). He still has unsupervied visitation. He claimed to have left her in the care of a 12 yr old girl & that our daughter went to "pet the dog" which was on a leash in it's own yard. He got off! The courts will usually grant them supervised visitations after 6 months. Every 6 months the person is re-evaluated. If NOTHING happens during that time he will actually get UNsupervised visitation! GET a GOOD lawyer!!! Call legal aid if you have NO money! Good luck!

Answer 7

You need to make sure that he has supervised visitation, he hasn't earned the right to be left alone with the children yet. If you see a major change later on than you can talk about visitation but no court is going to give him a free hand with the kids after what he did. Thank God your children are ok after that. If he can't handle supervised visitation than he does not want to see his kids bad enough because if he did he would do whatever it took to see them

Answer 8

Go to court and tell them how you feel, the court is supposed to do what is in the best interest of the child ....not the parents. So I can't see them allowing full visitation to a man who has no life and is an alcoholic. Personally if it were me I would counter his suit and request for full sole physical custody of the children.

Answer 9

The thing is the he would have to prove that he did the parenting classes. You can always make sure that the kids are never taken to a private place. Get a lawyer to process papers to make sure that they will always have to be watched and see if the court will order him to go to AA classes for his drinking problem if he wants to see the kids.

Answer 10

you are able to no longer carry him in contempt for something. purely a courtroom can discover contempt. you are able to document a action to discover him in contempt and there will be a listening to on the problem. you ought to seek for suggestion out of your lawyer first. your lawyer will touch his lawyer and verify out to be certain this out of courtroom. this may well be the final thank you to circulate using fact kinfolk courts do no longer want minor themes or petty squabbles taking over their time. additionally an lawyer would not want his customer flouting courtroom orders--this would properly be a great thank you to lose an lawyer. bear in concepts that there would have been marvelous reason in the back of your ex wanting to alter the visits. often, a kinfolk courtroom would not concepts this too plenty using fact the courtroom is waiting for you 2 mothers and dads to be cooperative with one yet another for the income of your newborn. additionally a courtroom realizes that no longer each difficulty would properly be predicted in the past a visitation time table is ordered. you ought to be advantageous. you ought to be be attentive to-how. don't be a doormat, yet everytime there's a difficulty call your(or his) lawyer. your ex will quickly become bored with being billed via his lawyer for those themes an is probably to purely shop on with the time table. good success and carry close in there.

Answer 11

If he takes it to court, I would still ask that any visitation be supervised for a year to ensure he can be trusted. If I were you I would call an attorney. This could get ugly.