Should I allow visitation knowing my ex husband has pending felony charges? 9 Answers as of January 09, 2014

My son has Autism and a genetic disorder. My ex husband has not seen him in almost 4 years. He pays child support sporadically. I have cut his support down to bare bones to give him a chance to keep up. I have sole managing conservatorship and he has supervised visits with written consent from me only. Recently, he has been calling and once he threatened to take me back to court. In addition, he has felony child abuse and domestic assault and battery charges pending in another state. I am afraid he is trying to put on a show for the court in the other state by suddenly being a concerned father, asking how tall he is and how he is doing in school. My son is finally showing progress in school. We are working on behaviors and educational deficits. He has several behaviors that are related to his conditions that I am afraid will set dad off if he has to deal with them. Dad is violent and has a bad temper. My question is, if he presents me with a written request to visit, am I obligated to allow it since I know about the charges and fear for my son's safety?

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Attorney at Law
Attorney at Law | Frances An
Do not allow visitation without a court order. And if he insists, get court orders forbidding it. On these facts, he should not get anything but supervised visitation.
Answer Applies to: California
Replied: 1/9/2014
Diane l. Berger | Diane L. Berger
You can go into court and ask the Judge to modify the visitation order for the reasons you set forth. You should have a supervisor in mind, other than you.
Answer Applies to: Nebraska
Replied: 1/7/2014
Family Law & Mediation Services, LLC | Carol Jean Romine
Your divorce or paternity decree determines what you must do about parenting time. You need to file a petition to modify the order. You will succeed if you show evidence as to why it is emotionally or physically dangerous for the child and not in the child's best interests to be with his father unsupervised.
Answer Applies to: Indiana
Replied: 1/7/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Not unless it is supervised.
Answer Applies to: Georgia
Replied: 1/7/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If he gets a court order, you must comply. You should take the preemptive step and seek a request for order to deny contact without supervision.
Answer Applies to: California
Replied: 1/7/2014
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    If the visits are to be supervised, I would consider using parenting skills program. The fact that he has not seen your son in almost four years however could be grounds to modify that order. My suggestion would be to consider 1) a petition to terminate his parental rights in juvenile court or 2) a petition to modify parenting time on the basis that IF contact is to be re-established it should be done in a therapeutic and supervised setting. I would suggest consulting an attorney.
    Answer Applies to: Arizona
    Replied: 1/7/2014
    Borzilleri Law Office | Christine Borzilleri
    In general, if you have sole custody of your son and the court orders say you have to give consent for the visits with your ex, you can dictate the visitation within reason. It sounds like you have serious concerns for your sons safety and well being so not allowing visitation at this time sounds reasonable.
    Answer Applies to: Rhode Island
    Replied: 1/7/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You are obliged to follow the custody order. What does it say? If visits are in your discretion, then you don't have to. If the order gives him only specific supervised visitation, then you have to comply with that. If you don't want to, then you have to go back to court and ask for the order to be modified to make you the only person that decides his visitation, given his history. A local attorney will help you figure out what you need to do, if anything.
    Answer Applies to: Idaho
    Replied: 1/7/2014
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing. If you are in New Jersey, please contact me.
    Answer Applies to: New Jersey
    Replied: 1/7/2014
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