What would I need to bring with me to court to prevent month long visitation with my son's father?

Question

My son is four years old. He has been with me his entire life and has only been to his fathers house once since birth. He call's his son, maybe, once a month and if he see's my son it is only because I give him a ride to where ever we are. He fails to give Christmas presents and birthday gifts, he has a criminal history, he parties often and has to be pleaded with to take time out to visit his son. He has only seen him once in 4 1/2 months and now that he is coming into a six figure settlement he wants to take me to court to have him for months at a time. Can he do this? What can I bring to court as evidence or to help me win this battle?

He was released from prison in 2002. He was in prison for four years because he had a loaded weapon on him when the police stopped him. Since being released, he has been to jail seven times, that I know of. How do I get records of his arrests and time spent in jail?

I always try to make sure and mind my tounge, reguardless of how mad I may be. If we have not heard from him in a month I will dial the # and give the phone to my son to talk with him. I know that he needs his dad and there are things that I may not be able to teach as well, but, I dont want a man with a violent and irresponsible history to have my son for long lengths of time.

--I am not getting all righteous-- I am concerned about the saftey of my son and will go to long lengths to ensure my son gets the best care possible whether he with a day care provider, his grandparents or his father. I do appreciate your taking the time to respond to my question. Thanks to all!

Answer 1

Documentation... everything you have said it meaningless unless you can document it. The judge will want to know *why* he cannot see his son. You need to show he is a danger to your son.

At the very least, bring the records of his arrests, especially if they involve drugs or violence.

Another thing, now he has money, you should consider asking for child support. Or, at the very least, that a portion of that money be placed in an educational fund for your son.

Edit - Arrest records are public. You should be able to contact the City/County where he was charaged and get those documents. (I know this because my wife just did this for a case we are involved in.)

Answer 2

I'm guessing money is tight, but you might want to try to engage an attorney for this hearing. I would tell the court that you are concerned about your son's safety and think, given the sparse interest your ex has shown his son so far, it would be better if they started out with supervised visitation for an hour or two at a time and progressed gradually to more time together if things go well. that way you seem reasonable to the court and you set up a process that will require him to demonstrate a lasting interest in his son before he goes off for all day or overnight stays. Based on your description of him so far, he'll probably lose interest. Lets hope he has turned over a new leaf and is taking a greater interest in his son, as kids do best when they believe both parents care about them.

Best of luck, and please try to be positive about his father when you talk to your son, even if you need to put the brakes on behind the scenes a bit. Kids are very troubled when parents criticize the other in front of them

Answer 3

You would need uncontrovertable proof that your child's FATHER is a threat to HIS life or health.

Aside from that, you have no chance of taking away his constitutional rights as a father.

AND BEFORE YOU GET ALL RIGHTEOUS:

I AM an attorney and I've dealt with both U.S. and International child custody cases. I've heard it all. And the one constant is that there are ALWAYS two sides to the story and the truth is hidden somewhere in the middle.

Unless you can show the other parent is a danger to the child, each parent has the same constitutional rights to custody and / or visitation.

The court, on more than one ocassion, has asked of a person seeking the same thing you are "If he was good enough to lay down with and make a baby, why is he now not good enough to parent the child?"