Results 1 to 10 of 19

Hybrid View

  1. #1
    Join Date
    Jun 2010
    Location
    Texas
    Posts
    13

    Default Safety Concerns During Visitation

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

    My child recently visited with her father over the weekend. He lives in Maryland and came in town for a visit. The last time he saw her was in March. She was super excited to see him. Once he got her he left her with a babysitter unknown to her on Saturday over night in the hotel while he went out with his friends to the bar. My daughter told me that the babysitter was drinking beer that night and that her daddy took her to a restaraunt which he would not tell her the name of. She further stated that the waitress' boobies were hanging out and their shirts were tied up where you could see their tummy. (her exact words). I stated my concerns about his behavior to him and his attorney. No one has yet to respond. I feel that her safety is at risk and want to intervene with any future visitation. My daughter stated her feelings were hurt that her dad left her. Our court order states that she is to be in counseling but he refuses to participate or pay. What do I need to do from here to ensure that she is safe. Do I deny visitation and how do I go about legally adressing this.

    Another isssue- he is in the arrears for child support and recently settled a lawsuit where he gained money. I contacted the Attorney General and they stated they would not discuss details of the settlement but they had put a lien on the settlement. What should I expect from here? Do they take the full amount of the arrears and apply it to what he is behind making it available to our daughter? How does this type of situation work?

  2. #2

    Default Re: Safety Concerns During Visitation

    Quote Quoting lilheater77
    View Post
    My child recently visited with her father over the weekend. He lives in Maryland and came in town for a visit. The last time he saw her was in March.
    How old is the child in question?


    She was super excited to see him. Once he got her he left her with a babysitter unknown to her on Saturday over night in the hotel while he went out with his friends to the bar. My daughter told me that the babysitter was drinking beer that night
    So he DID leave her with adult supervision. That's good. Any reason to think that she was inebriated or otherwise unable to look after the child? Again, the age of the child is a huge factor.



    and that her daddy took her to a restaraunt which he would not tell her the name of. She further stated that the waitress' boobies were hanging out and their shirts were tied up where you could see their tummy. (her exact words).
    So someplace like Hooters? Someplace that did ALLOW children? Wouldn't have been my choice either as a mom, but has a snowballs's chance of impacting custody or visitation and isn't going to get the court's panties in a wad.



    I stated my concerns about his behavior to him and his attorney. No one has yet to respond. I feel that her safety is at risk and want to intervene with any future visitation.
    Safety at risk of WHAT?



    My daughter stated her feelings were hurt that her dad left her. Our court order states that she is to be in counseling but he refuses to participate or pay.
    Does the court order stipulate that he must participate, or just that he must pay? If it says he must pay, and he hasn't been, then the court needs to be made aware that its orders are not being followed.


    What do I need to do from here to ensure that she is safe. Do I deny visitation and how do I go about legally adressing this.
    No, you don't fix his potential violations of the orders by violating them yourself. You still haven't brought up anything that is going to make the court worry for her "safety".

    Another isssue- he is in the arrears for child support and recently settled a lawsuit where he gained money. I contacted the Attorney General and they stated they would not discuss details of the settlement
    Yep - that's not public information.


    but they had put a lien on the settlement. What should I expect from here? Do they take the full amount of the arrears and apply it to what he is behind making it available to our daughter? How does this type of situation work?

    It depends in part how your child support is structured. The state's goal here is to grab some of his new windfall to put towards the arrears (whether arrears are owed to the state or to you or to both). Hopefully you'll start seeing some $$.

  3. #3
    Join Date
    Jun 2010
    Location
    Texas
    Posts
    13

    Default Re: Safety Concerns During Visitation

    the child in question is 6 years old. The court order states he must participate and pay. He refuses to do either.

    And yes I understand about the restaraunt but I do not understand why our daughter needs to be exposed to places like that when adults are drinking, and the envioronmnet is not kid appropriate. The risk what concerns me is that the adult was unknown to the child and it was overnight. Emotionally this child has a strained relationship with him and counseling was put in place to help that. She rarely sees him and that is what he chose to do with his time. My solution is to try and get all parties to sit down and facilitate these concerns and put some modifications in place so that problems like this do not arise again. And to get the child back in counseling with his participation.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Safety Concerns During Visitation

    What exactly does your order say about visitation?

    Frankly so far I'm not seeing anything to justify a modification at this point - but my answer might change based upon your next response.

  5. #5
    Join Date
    Jun 2010
    Location
    Texas
    Posts
    13

    Default Re: Safety Concerns During Visitation

    This is not the first time he has left her with someone unknown to her during his access, which remember is very little. We used to have a clause in our papers that stated each parent needed to contact the other parent if they were in need of a babysitter, which would prevent incidents like this from happening. But we took it out because it was no longer an issue. But it now appears that it is an issue again.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Safety Concerns During Visitation

    What does your visitation order ACTUALLY SAY in terms of time, etc?

    There is a reason I'm asking the question

  7. #7
    Join Date
    Jun 2010
    Location
    Texas
    Posts
    13

    Default Re: Safety Concerns During Visitation

    I am not sure what you mean? He has Standard Visitation under the 100 miles or more away.

    1. Sponsored Links
       

Similar Threads

  1. Safety Concerns During Visitation
    By MomofRWE in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 06-21-2011, 01:02 PM
  2. Guardianship: Visitation, Revoking Guardianship, and Concerns of Safety
    By victoriasmom in forum Disability and Elder Law
    Replies: 3
    Last Post: 05-09-2011, 01:34 PM
  3. Safety Concerns During Visitation
    By ejkah333 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 01-03-2011, 04:42 AM
  4. Eviction Process: Told to Leave Due to Voiced Safety Concerns
    By ChrisPim in forum Landlord-Tenant Law
    Replies: 6
    Last Post: 10-26-2009, 02:03 PM
  5. Auto Insurance: Car Repair Quality and Safety Concerns After a Collision
    By simplegirlfl in forum Insurance Law
    Replies: 1
    Last Post: 01-13-2008, 07:22 AM
 
 
Sponsored Links

Legal Help, Information and Resources