My question involves a child custody case from the State of: South Dakota
Hi all, my husband and I are divorcing, we have a daughter together, although we were not married at the time of her birth and his name is NOT on the birth certificate due to him being in prison, he is very mentally unstable, I didn't know how much until after we were married in June of 2014, we seperated a few months later...he wants visitation and some custody but I worry due to his past. He has attempted suicide 4 times, 2 of which I did not know about until our seperation 6 months ago. 5 months ago was his last attempt which he posted on facebook and I took screen shots. He has 4 DUI's, he is a violent felon and has been in and out of prison for various charges, hes 42. He has 4 other children, one of which he signed his rights away to, the other 3 want nothing to do with him and he's behind on child support by $9,000. He also has a warrant in Wyoming which is extradictable and he refused to take care of it. He is a meth addict and an alcoholic as well although he claims to be clean and sober since December. Is there anyway I can prevent him from seeing my daughter? I worry about him attempting to take his life and take my daughter with him. he suffers from bouts of depression. What are his chances? Please help! No case has been opened nor any divorce papers filed yet. I wouldnt mind him seeing her if they would be supervised by the court. Any advice will be appreciated! Thank you!
Shauna
How to Prevent an Unstable Father from Receiving Visitation
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03-28-2015, 10:04 PMShaunaKTHow to Prevent an Unstable Father from Receiving Visitation
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03-28-2015, 10:23 PMDogmatiqueRe: Help regarding unstable father wanting visitation.Quote:
Quoting ShaunaKT
It's very rare that the NCP gets absolutely no visitation.
Was he a violent felon before you met? -
03-29-2015, 01:22 PMShaunaKTRe: Help regarding unstable father wanting visitation.Yes he was, I understand he will probably get visitation, but can I make it so his visitations are supervised and not at his roomates house?Quote:
Quoting Dogmatique
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03-29-2015, 01:31 PMDogmatiqueRe: Help regarding unstable father wanting visitation.
You can ask the court for supervised visitation. You may or may not get what you want, and there's a better-than-decent chance that it will be supervised only temporarily.
Too often, a parent hooks up with the bad boy/bad girl and as soon as the relationship ends try to keep them away from the mutual child.
The court also isn't likely to put too much into a screenshot that's 5 months old, or anything that you cannot prove.
Mom, I know you don't want to hear this, but you're also going to be judged in court. You may find yourself having to answer questions such as "Why did you choose to marry and have a child with this man?" A response of "I didn't know him that well at the time" might make things worse.
What I'm trying to say that is if you do manage to convince the court that supervision is required, it might be very temporary, and you might be paying for it completely by yourself. And you should expect the same scrutiny to be used on you.
Much depends on Dad though, and how active he is or isn't as a parent.
An attorney is a good idea.