I live in Texas and have been at odds with my son's father. He is a drug addict, practices minimal parenting skills, does not pay child support (even though I have a case with the attorney general's office), parties all night and is basically a jerk in denial. I need to get my son out of this situation.
I would like to know if I were to deny visitation to his father, can I go to jail? I figure he is ignoring the court order as well in regards to child support so why should I go to jail if he isn't. But it is about much more than the support. My son is in a dangerous situation!
By the way, his dad would seriously be angry and there would be consequences in my doing this. He is a control freak and if things aren't going his way, we all have to watch out!
2007-09-06 10:27:42 · 8 answers · asked by clj02 4 in Politics & Government ➔ Law Enforcement & Police
It would be contempt of court.
You could be sentenced to jail,
and have to let him make up the visitation time you denied
AND have to pay his attorney fees for the contempt.
I have seen all of the above ordered in just such a case. That father was also no good and the kid was probably better off without him around, the court didn't care and ordered all of the above.
The courts also consider nonsupport and visitation two totally separate issues, and will not agree with you denying visitation because he is delinquent in support.
2007-09-06 10:38:09 · answer #1 · answered by Kevin 6 · 0⤊ 0⤋
I know it doesn't seem fair, but I just can't see you going in front of the judge after you've been arrested and saying "well, HE did it too" as your defense. Even if he doesn't pay, unless you can get the court to change the visitation rights, then you can't deny him his time with his kid.
And here's the crux of the matter; are you doing this to spite him, or to protect your son? Because if it were a matter of protecting your son, you already would have been in the judge's chambers asking for supervised visitation for him.
If you are doing it because he's a jerk (which he sounds like from your description), then that's not a good enough reason to keep your son from a relationship with his father. That's using your son as a pawn, and that's just wrong.
2007-09-06 10:35:39 · answer #2 · answered by Lisbeth 3 · 1⤊ 1⤋
Better go see someone in the D.A.'s office about it. It sounds like a dangerous situation for the child that the judge should have taken into consideration before this decision of visitation was handed down.
Now, at the risk of sounding like a judgmental ***, i'd caution you to remember that you picked him in the first place, and not only did you pick him, but at one point, you considered him a man worth having a child with. The court might be taking that into consideration too.
2007-09-06 10:34:23 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Sounds like you need a protective order. The way to go is not to let someone who is like him control your life which he will do until you stand up. And you are right, there will be consequences. One could be that he ends up in jail!
Your denying visits alone is just going to make matters worse. You probably won't go to jail.
Visitation is not contingent on whether he pays child support! One has nothing to do with the other, and a lot of non-payers ARE winding up in jail!
2007-09-06 10:36:22 · answer #4 · answered by cantcu 7 · 1⤊ 1⤋
For starters, toddler help and visitation are 2 incredibly some issues. toddler help is economic help designed that can assist you you with the economic responsibilities of raising a toddler... Visitation is for the toddler to have his mum or dad take an lively place of their lives. One has little to do with the different, tremendously interior the courts eyes. to respond to your question, definite, you should face criminal hassle for ignoring a courtroom order. 2 wrongs do no longer make a precise. in spite of if, as in this actual case, that's with the terrific intentions. in case you're particularly apprehensive with regard to the his wellbeing, i might touch the CPS (as ineffective as they seem, its a paper path of your intentions for the courts to work out) and report a record. i might individually weigh the negative aspects of ignoring the courtroom order, his anger and skill danger with letting your son pass to him on a similar time as you artwork at the back of the curtain to do whats mandatory. I grew up in a kin that went with the aid of a tenuous divorce, we've been thrown interior the middle via one in each of my father and mom at many turns, and purely be attentive to how this might impact a toddler. it is the only reason I referred to the visitation factors.
2016-10-10 02:13:26 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Yes, you can get in trouble by denying visitation. That is a court order, and the judge could get upset that you didn't obey them. Judges are like that.
What you can do is create a legal case that he isn't responsible enough for visitation rights. It takes work, because the burden of proof will lie on you.
2007-09-06 10:33:27 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Request the court to deny visititation rights of the father due to symptoms of psychological incapacity like drug addiction. Likewise, cite that he is not paying the child support.
2007-09-06 12:13:19 · answer #7 · answered by FRAGINAL, JTM 7 · 1⤊ 1⤋
yes when my ex would not let me see our daughter i had her arrested but dropped the charges i just need to show her she has to follow the rules they only work for you if you do
let you son see his father he has to learn for himself if you keep him away he will only hate you later(you son).
and maybe the father will straiten out maybe not but your son will know for himself.
2007-09-06 12:22:56 · answer #8 · answered by Anonymous · 0⤊ 1⤋