Results 1 to 10 of 10
  1. #1
    Join Date
    Dec 2011
    Location
    Chicago IL
    Posts
    5

    Default Can a Father With a History of Threats, Drug Use and Suicide Attempt Get Custody

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

    We were engaged for 4 years and our son is 3. We lived together in an apartment and then eventually moved into my grandmother and parents house. There were rules under my grandmother who owns the house that there was to be no drinking considering he had a drinking problem in the past. Those rules were broken. He was a good father sober but neglected to consider what was important for our child when he was drunk. Responsibilities and priorities were never in his agenda. I've held a job for 3 years with promotion and he has lost 3 jobs since we've been together. Also, he has not worked in over a year.

    Verbally abusive to me and my family in front of our child, and also when alone in the house with his son after coming home drunk and under the influence of many prescription medications, overdosed on over the counter cough medicine and slit his wrists open. Death threats from his family members to me and my family. Restraining order in progress. Now he wants to see his son on HIS terms and I do not agree with this at all. He refuses to agree to pay half of my sons new school since he doesn't want him in school so he can see him Monday through Friday.

    My only questions are if and when I bring this into family court, what are things I can mention and things I can't mention because of irrelevance? Who can be a witness to his actions besides the police officers who were often at the house? If his family member has a reported death threat on my family member can that exlude that person from visitation?

    Thank you

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Father W/ Criminal Domestc Background and Drug Induced Suicide Attempt Wants Cust

    Without any court orders in place, he's not under any obligation to pay for anything at all and you're not under any obligation to allow visitation (though that's likely not in your child's best interest).

    What is it you wish to accomplish though?

  3. #3
    Join Date
    Dec 2011
    Location
    Chicago IL
    Posts
    5

    Default Re: Father W/ Criminal Domestc Background and Drug Induced Suicide Attempt Wants Cust

    I would preferably like to have full custody. I know my son loves his father but he's too young to understand where he is lacking in true parental responsibilities. I have tried to be civil and allowed him to see his son while I was at work and he would start with the threats by the time the weekend rolled around. I would like my son to have visitation with his father but I do not trust that he won't be drinking with his family member when my son is there or, because of past drug use, that there will not be drugs around. He is under the impression that his fathers rights enables him to have full custody of our son when HE FEELS he wants our son. Even though under a lot of stress, I am ensuring that my son is away from the situation as often as possible which is why I want him in school but his father says its not all up to me.

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

    Default Re: Father W/ Criminal Domestc Background and Drug Induced Suicide Attempt Wants Cust

    Full custody is yours automatically at this point (since you're unmarried and there are no orders).

    Your best bet is to actually go to court and get a formal custody and visitation order in place. The norm is joint legal (decision-making) custody, with one parent being the primary custodian and the other having regular visitation.

    Drinking isn't illegal, nor is drinking when the child is present. I see no reason why Dad couldn't obtain joint legal, with a regular visitation schedule.

  5. #5
    Join Date
    Oct 2010
    Location
    Second star to the right...
    Posts
    323

    Default Re: Can a Father With a History of Threats, Drug Use and Suicide Attempt Get Custody

    Quote Quoting MCJS1108
    View Post
    My question involves a child custody case from the State of: Illinois

    when alone in the house with his son after coming home drunk and under the influence of many prescription medications, overdosed on over the counter cough medicine and slit his wrists open.
    Thank you
    Did Dad attempt suicide by cutting his wrists while he was alone with your son?

  6. #6
    Join Date
    Dec 2011
    Location
    Chicago IL
    Posts
    5

    Default Re: Father W/ Criminal Domestc Background and Drug Induced Suicide Attempt Wants Cust

    Another question I would have is that who is properly caring for my son when all adults in the house that Dad is at are extremely under the influence? This is not a beer or two, but rather a 24 pack or two.

    And when in court would my family who housed him have any place to speak of their experience since they have also been very involved in the situation for the safety of my son?

    Yes. a family member had to drive our car home and I had to drive them back. He was showing no signs of depression or anxiety around that time, and I was under the impression that he would just go to sleep considering our son was sleeping and it was 5 in the morning when he strolled in.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Father W/ Criminal Domestc Background and Drug Induced Suicide Attempt Wants Cust

    Mom, even if Dad attempted suicide in the presence of your son AND he drinks heavily while your son is present he will get visitation even if it's supervised.

    And honestly? Once he has gone through whatever it is the court requires, he'll be able to petition for the normal unsupervised visitation schedule.

    Again, what do you wish to accomplish?

  8. #8
    Join Date
    Dec 2011
    Location
    Chicago IL
    Posts
    5

    Default Re: Father W/ Criminal Domestc Background and Drug Induced Suicide Attempt Wants Cust

    I would be happy with supervised visitation. Thank you for your help. :-)

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Father W/ Criminal Domestc Background and Drug Induced Suicide Attempt Wants Cust

    Mom, please understand that long term supervised visitation is not likely.

    You've got to be okay with that.


  10. #10
    Join Date
    Dec 2011
    Location
    Chicago IL
    Posts
    5

    Default Re: Father W/ Criminal Domestc Background and Drug Induced Suicide Attempt Wants Cust

    Yes, I'm definitely okay with that. I dont hate Dad, he has done good(more bad of course), but I just don't agree with his lifestyle and thats something that legally I have no say so in and don't want to. I just don't want it to be a part of my life as I move on and do what's right for me and my son. And thank you again for all your advice and input. It is greatly appreciated!

    1. Sponsored Links
       

Similar Threads

  1. Grandparents and Third Parties: How Can I Get Custody of Child in Another State in Murder/ Suicide Case
    By sandymruc in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-15-2011, 04:26 PM
  2. Defective Drugs and Medications: Anti-Depressants Caused Me to Attempt Suicide
    By sevensees in forum Accidents and Injuries
    Replies: 20
    Last Post: 02-01-2011, 02:18 PM
  3. Other Offenses: Can You Get Charged Over Somebody's Suicide Attempt
    By michael0987 in forum Criminal Charges
    Replies: 10
    Last Post: 04-27-2009, 11:12 AM
  4. Modification of Custody: Is a Parent's Suicide Attempt Grounds to Get Supervised Visitation
    By HanginInThere in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 04-20-2008, 12:10 PM
  5. Modification of Custody: Can You Take the Children Into Your Custody if the Other Parent Attempts Suicide
    By elli in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 11-12-2006, 02:02 PM
 
 
Sponsored Links

Legal Help, Information and Resources