Supervised Visitation Ordered Due to New Husband's Criminal Record
My question involves a child custody case from the State of: Indiana I have been ordered by the court to have supevised visits with my child because my husband has a criminal record and has been in prison for burglary. Now we have to pay 108 dollars a week and child support as well so that i can see my son just because my ex husband has a problem with my new husband. My ex is constantly taking me to court making up lies to the judge and getting his way every time. Also my ex stays after court and talks to the judge about his personal life. I will still pay child support if there is a way to give up my rights. But we can not afford all these other payments and i can not take the constant harrasment from my ex anymore. So my question is how i can give my ex sole and legal custody. Is it even legal for the judge to force me to have supervised visitation just because my husband has a bad record.Also my ex said that my husband drinks around my son but this is a lie as well. I dont understand how the judge can grant an order based on hear say. O yeah we where appointed a guardian litem concerning my son and he completely told me and my husband both that his decision and the judges would be based on my husbands criminal record
Re: Can I Give Up Rights to My Child
Sounds like the easiest thing to do would be ditch the new felon husband and choose your child, which may eliminate supervised visitation/extra payments/harassment/etc. If you feel your ex is truly harassing you, file a harassment order against him. If your ex's wife is willing to do a step-parent adoption, then you could truly be rid of your child for good and give up your rights. Then you would not have to pay child support or worry about having to pay to see your son. In fact, you would never have to worry about seeing your son again.
Re: Can I Give Up Rights to My Child
You can absolutely petition the court, with Dad, and stipulate a new agreement where Dad has sole legal and physical custody and you have no visitation.
However you'll still be paying child support.
Re: Can I Give Up Rights to My Child
what forum do i need to obtain to do this. I have a baby with my new husband as well.
Re: Can I Give Up Rights to My Child
Ask Dad's attorney to prepare the document. The Indiana .gov website does not have custody modification forms online.
Re: Can I Give Up Rights to My Child
Quote:
Quoting
David79
I have been ordered by the court to have supevised visits with my child because my husband has a criminal record and has been in prison for burglary.
Your name is David? Is your husband a <a href="http://www.youtube.com/watch?v=-1BJfDvSITY">boy named Sue</a>?
Quote:
Quoting David79
Now we have to pay 108 dollars a week and child support as well so that i can see my son just because my ex husband has a problem with my new husband.
There's more to it than that; but we can only comment on what you choose to share with us.
Quote:
Quoting David79
O yeah we where appointed a guardian litem concerning my son and he completely told me and my husband both that his decision and the judges would be based on my husbands criminal record
If that's the case, your hubby's record involves a lot more than a burglary conviction. Such as, a crime involving a child, or past action that landed him on the child abuse registry.
Quote:
Quoting
Chede
Sounds like the easiest thing to do would be ditch the new felon husband and choose your child, which may eliminate supervised visitation/extra payments/harassment/etc.
That may seem obvious to you, but you would be surprised how many parents pick a new partner over their child.
Quote:
Quoting Chede
If you feel your ex is truly harassing you, file a harassment order against him.
How would that work? "I want an anti-harassment order against my ex- because he brings motions in court alleging that I have engaged in bad conduct and, after holding hearings, the court believes him"?
Quote:
Quoting
David79
what forum do i need to obtain to do this. I have a baby with my new husband as well.
To do what? If you want to ask your ex- if he and his new spouse are interested in stepparent adoption, you would start by asking your ex-. It's not something you can make them do.
But if you don't want anything to do with your child, all you really have to do is tell your ex, "I'm not interested in seeing my child any more." Nobody is going to make you see your child. All you would be compelled to do is pay your child support.
Re: Can I Give Up Rights to My Child
wont i be held in contempt if i dont follow the court order and go to supervised visits and then be thrown in jail?
Re: Can I Give Up Rights to My Child
Quote:
Quoting
David79
wont i be held in contempt if i dont follow the court order and go to supervised visits and then be thrown in jail?
No. Visitation is a right, not an obligation.
The court will not force you to see your child.
Re: Can I Give Up Rights to My Child
R U sure the laws are the same in Indiana.? They also are trying to force me to go to counseling with my ex husband that I do not get along with. This is also in the court order. What will happen if my ex brings me back to court and says im not complying with the order of the court?
Re: Can I Give Up Rights to My Child
Quote:
Quoting
David79
R U sure the laws are the same in Indiana.? They also are trying to force me to go to counseling with my ex husband that I do not get along with. This is also in the court order. What will happen if my ex brings me back to court and says im not complying with the order of the court?
Once again - visitation is RIGHT, not an obligation.
If you're court ordered to go to counseling, you either go or risk being held in contempt.
But why are you worried about this? Do what I suggested.
Re: Can I Give Up Rights to My Child
I want to believe that this mother is not real.
I want to believe that she actually does want to find a way to be a meaningful part of her child's life.
I think I am wishfully thinking on both of those.
Mom, if you are in fact mom, please try to at least keep the door open. In a few years you may realize your misplaced priorities, your new husband could be gone, whatever, and you may realize your child needs you at that point in time. It will be hard enough to try to reunite with your child by then, all that much more difficult if you slam all the doors shut now.