Do U think My Ex will get Visitation rights when we go before a judge?

Question

Hi, My ex husband was released from prison after serving almost 2 years, He had abandoned me and my daughter when she was only about 1.... she is now 5 1/2.....He now wants to see her I have remarried and my husband was planning on adopting her. Well, I know it's better a child knows her biological parents (or as we are told) but my ex is a 7 time felon...(something I didn't know until AFTER we were married and already pregnant) He has a history of drugs(tried selling me to a drug dealer for a debt), domestic violence(split my oldest sons head open with a glass, requiring 7 staples at age 11), assaulted police officers(4 times), burglary, prowling, malicious destruction of property, strong armed robbery, etc.. many others! we have went before our support worker and FOC, and they recommended Supervised, My ex said ok, except he wanted HIS witnesses there, so they referred us before a Magistrat, SHe turned ALL his rights down, said there was too much evidence against him and that it would be more harmful then good for our daughter to be around him... Now, he has set a court date before a Judge... He waited til the last day of the petition to file it. He also claims to have found God, (which he has done 5 other times, every time he has been released from jail) he has an ankle bracelet on, and I'm afraid once that thing is off he will go back to crack, as he always has..... What are the chances the judge will give him anything, or will they agree with the magistrats findings????? We live in Michigan.. THanks!

Answer 1

I wish I could give you comforting advice. Common sense would say no, however, I have seen courts give custody to men who have histories of violence, bi-polar manic depression, and suicide attempts. That is just one guy.
It all comes down to the judge. I will pray for you and your case
GOOD LUCK!!!!

Answer 2

It is highly unlikely that any judge would permit such a violent individual to visit his children even though he is the parent, but stranger legal rulings in this country have been made. Ideally, judges should rule in the favor of common sense, but depending on what kind of day the judge has had and what impression either party makes on him/her could swing his/her decision either way.

The mother of a friend of mine's son was granted visitation for her two children before they were eventually adopted by another couple. I consider this woman the most horrible woman on this earth. First of all, she married the man accused of molesting her 5 year old son AFTER the allegations were made in the attempts of not having to get rid of her now husband. She lost four children over a period of 10 years to the state because circumstances deemed her to be an unfit parent. The woman prostituted in her own home while her children were there. She has a reputation of cheating on every man she has ever been with. She has been arrested numerous times, although none of them were violent offenses and at one point was considering suicide and was silly enough to say such in front of her psychiatrist. Even after all of these circumstances, the court still thought that she deserved weekly visitation with her children. I don't know what to tell you.

You could get a swinging judge or you could get a judge who adamantly refuses to break up the family no matter the circumstances. Sorry I could not be of more help, but no one here can read into the future or minds of others.

Answer 3

You might get a children's advocate assigned through the courts to speak to the judge at the hearing about what is in your daughter's best interest, or ask that one be assigned to her before a final decision is made. That way it is not about you vs him. It is about a lawyer defending your daughter's best interest. Under the circumstances I doubt he will win, but he has the right to allow a judge (or magistrate) to hear the case. Being in prison he has probably learned a lot about manipulating the court system, but it doesn't mean he can win. If he is a repeat offender I wouldn't worry too much about him being out on the streets very long before he does something to get sent back to jail. Isn't it amazing how so many people "find" God in prison? God must spend a lot of time there.

Answer 4

In most cases, I'd say the CHILD has the right to see both parents..but as you describe him, it doesn't sound like he is very "SAFE" for you young daughter to be around. Insist on supervised visitation!!!(your words here sound like good documentation!)
Usually the court asks if there is a friend or relative the parents can agree on. Both parties submit a list. If there was a grandparent or friend willing to do it. Be cautious and do NOT agree on one of his friends...you do not want to be the one supervision either as you put yourself in danger....
In the event that neither of you can agree, the court will suggest paid supervision- he usually has to pay and it's a neural party who sits in a room while dad interacts for a hour. Very weird for the kid and terribly uncomfortable for the dad and sure enough, it is easier for him not to even go after one or two sessions. The kid will bounce back and life will go on.
Good luck!

Answer 5

well- the chances seem slim to none. he might not be able to have ANY visitation rights whatsoever jsut ahving a drug background is enough for the judge to see that ur daughter isn't in safe hands with him. I see your husband wants to adopt her but he cant'- ur ex would ahve to give up his rights as a parent for you husband to be able to adopt her. SO- from the looks of it you ex wants to be close to ur daughter and asking him to give up his rights will be as hard as trying to squeeze water out of a rock so dont' even try. Just go to court and get a good lawyer and try to do everything in your power to keep him from being able to have visitation rights with her. I have nothign against the guy but why would he strike at your 11-yr old in such a way to rush him to the hospital to get stiches on his head?? this guy has serious problems and sounds like a threat to your daughter. IF you have sufficient evidence showing what he did to you son a while back that shoudl be more than enough for the judge to rule in favor of you & not give him visitation rights at all. But- really talking- get a good lawyer even if it costs you alot of money you don't want this kind of person around ur daughter.

Answer 6

Chances are real good he will be turned down again due to his background. The Judge will probably see nothing worth while coming out of visits with him. If for some unforeseen reason he should miracously gain visitations they will definitely be supervised and the first time hes late or misses one,those will be eliminated. But I dont see any visits in his future period.

Answer 7

I am willing to bet that you have absolutely nothing to worry about.

First of all, no judge is going to risk his career on a loser like that. If something happens, he will have to answer for that.

I just went to court, against my ex, who hasn't as many convictions as yours, and it was for stalking/harassment. I didn't have an attorney. His attorney "bullied" me, which is what he's paid to do. Everything that came out of my EX's mouth was a lie.

The judge let them talk, talk, talk, and I just had to listen. I felt defeated. Before I knew it, in "Judge Judy" style, barked out, "I find you guilty of stalking...." and I couldn't have been more surprised.

Just keep your answers to his attorney short, don't offer ANY information, no matter how badly you want to. No matter how much they lie. Just stay quiet.

Let your attorney do his job, if you don't have one, let the judge ask the questions. The judge sees this stuff all the time and knows when someone is lying.

It will be OK. Really. Best wishes and congratulations on your new life.

Contact Hubbard House in your area, they can offer some wonderful support for you and your child.

Take copies of all records (pictures) concerning abuse, convictions, etc...

Answer 8

The judge will not grant this idiot visitation. The judge will look after the best interest in the child, and if he's hurt another child severely, no one will grant him the visitation he is asking for. If he did grant the visitation, then I'd file an appeal immediately because he's not looking into the best interest of the child.

Answer 9

Unless her biological father signs away all parental rights your current husband can not legally adopt your daughter. Your ex husband is entitled to visitation of his biological child whether you like it or not. He will probably get supervised visitations until he proves he no longer needs them. You can't keep him from visiting his child if the court grants him visitations.

Answer 10

normally a judge goes by a magistrate's findings...the nail in his coffin is the fact he was abusive to a child. If that wasn't in his history, he would more than likely have been given supervised visitation...

The judge COULD order him into anger management and parenting classes among other things as a contingency to being able to have visitation (supervised of course) but more than likely he will never complete them anyway.

I feel for you, it would be nice if your husband could adopt her, but it is highly doubtful all things considered your ex will give up his rights.

Answer 11

NO HE WANT GET COURTESY OF THE KIDS.HE NEEDS TO GIVE HIS PARENTAL RIGHTS AWAY.KIDS ARE NOT GOING TO EVER FORGET THAT ABUSE.MY MOTHER WAS ABUSIVE TO US KIDS.I HAVEN'T SEEN HER IN YEARS.TH ATS THE BEST THING THAT CAN EVER HAD HAPPEN TO ME.PARENTS LIKE THAT YOU DON'T NEED.ONCE AN ABUSER ALWAYS AN ABUSER.HE CAN'T GET NO JOB.SO GUEST WHAT HE GOING TO DO THE SAME THING AGAIN.DO NOT LET HIM FOUND OUT WHERE YOU AND YOUR NEW HUSBAND OR KIDS LIVE.ITS FOR YOUR OWN SAFETY.HE NEEDS TO BE SUPERVISOR WHEN HE IS VI STING HIS KIDS.YOU DO NOT NEED TO BE PRESENT.HE SHOULD NOT BE ALLOW TO TAKE THE KIDS ANY WAY.BECAUSE HE MIGHT TRY TO KIDNAP THEM.I FEEL SORRY ABOUT YOUR SITUATION AND WILL PRAY FOR YOU.