Ex Gave Up Court Ordered Supervised Visitation, Now Wants Them Back

[Searching4answers]

My question involves a child custody case from the State of: Kentucky

I have a unique situation. Last year, I filed an Emergency Protective Order on behalf of my 11 yr old son, after his father hit him in the face. We (myself, ex-husband and our son) went to court. The judge denied the E.P.O., even after our son testified that his father hit him and that he was very afraid of him after numerous other incidents. However the Judge ordered the Cabinet for Families (protection and permanency) to set up a parenting plan which included supervised visitation to be monitored by CFS. On the 1st visit, my ex-husband cancelled, the 2nd, he said "if you will drop child support, I will give up all rights to my son" but he then continued supervised visitation for only a few more times. On his last visit, my ex showed his true colors, in front of the caseworker, by cussing, yelling and telling CFS that he wanted no further supervised visits. He stated he did not want to visit with his son anymore and CFS asked him to put his "no visits" reason into writing. Which he did. Soon after CFS closed their case. This was about 6 months ago. Now, my ex is sending me text msgs asking to see his son again. I told him to go back to court to get his supervised visits. He refuses. He has contacted our son's school to see if he can show-up there. They called me and I sent them a copy of the order. I called the caseworker and my ex had already called asking for a supervised visit but they are stating since it is closed, he will have to go back to court. My question is, how do I stop my ex from popping back into his son's life whenever he feels it is convenient to him? He has never had an active role in our son's life. Everytime our son hears from him via phone or thru a paternal family member, our son gets very upset. His father is a very angry person who belittles me and our family so my son has decided he no longer wants to speak with him on the phone either. There has to be a way to show that my ex's actions are detrimental to our son and it is having a severe impact upon him from the constant drama and turmoil. I have gone thru the court system and it seems that they only look at keeping some sort of connection between our son and his father.

[Xena]

My question involves a child custody case from the State of: Kentucky

I have a unique situation. Last year, I filed an Emergency Protective Order on behalf of my 11 yr old son, after his father hit him in the face. We (myself, ex-husband and our son) went to court. The judge denied the E.P.O., even after our son testified that his father hit him and that he was very afraid of him after numerous other incidents. However the Judge ordered the Cabinet for Families (protection and permanency) to set up a parenting plan which included supervised visitation to be monitored by CFS. On the 1st visit, my ex-husband cancelled, the 2nd, he said "if you will drop child support, I will give up all rights to my son" but he then continued supervised visitation for only a few more times. On his last visit, my ex showed his true colors, in front of the caseworker, by cussing, yelling and telling CFS that he wanted no further supervised visits. He stated he did not want to visit with his son anymore and CFS asked him to put his "no visits" reason into writing. Which he did. Soon after CFS closed their case. This was about 6 months ago. Now, my ex is sending me text msgs asking to see his son again. I told him to go back to court to get his supervised visits. He refuses. He has contacted our son's school to see if he can show-up there. They called me and I sent them a copy of the order. I called the caseworker and my ex had already called asking for a supervised visit but they are stating since it is closed, he will have to go back to court. My question is, how do I stop my ex from popping back into his son's life whenever he feels it is convenient to him? He has never had an active role in our son's life. Everytime our son hears from him via phone or thru a paternal family member, our son gets very upset. His father is a very angry person who belittles me and our family so my son has decided he no longer wants to speak with him on the phone either. There has to be a way to show that my ex's actions are detrimental to our son and it is having a severe impact upon him from the constant drama and turmoil. I have gone thru the court system and it seems that they only look at keeping some sort of connection between our son and his father.

Since you already have a court order canceling visitations you can wait until ex actually files to re-establish visitations. Then when you go to court you can bring the evidence that ex willingly stopped the visits.

[Searching4answers]

I am not sure if I am responding properly here, I am a new user and not familiar with "Legal Help". Thank you for the reply. I will wait for him to return to court. To add a little here, the ex-husband knew that Social Services would probably testify, to the family court judge, about his inappropriate behavior so he volunteered to cease visits but he wrote in his statement that he did so because of financial reasons. Stating he could not afford visits at this time (No job and lived about an hour away). Do you think that I can ask to modify the origional child visitation agreement (per our divorce) to seek sole custody with no further visitation? If so, how do I write a modification and request a hearing? I have other issues that need to be addressed concerning the divorce but my son and his well-being are my priority.

[EA1970]

I am not sure if I am responding properly here, I am a new user and not familiar with "Legal Help". Thank you for the reply. I will wait for him to return to court. To add a little here, the ex-husband knew that Social Services would probably testify, to the family court judge, about his inappropriate behavior so he volunteered to cease visits but he wrote in his statement that he did so because of financial reasons. Stating he could not afford visits at this time (No job and lived about an hour away). Do you think that I can ask to modify the origional child visitation agreement (per our divorce) to seek sole custody with no further visitation? If so, how do I write a modification and request a hearing? I have other issues that need to be addressed concerning the divorce but my son and his well-being are my priority.

Sure you can, but you'd be rocking the boat, so why do it?

If he's serious about reestablishing visitation, he'll file for visitation with the courts and you can address this at that time.