Results 1 to 5 of 5
  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Default Is My Ex Entitiled to Visitation

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

    My ex has communicated to me that once he starts paying child support he is entitled to visitation.
    I am not against my son spending time with him, however; he was the one who walked out months back for another girl. I don't know her nor do I want to get to know her. I'm not ok with strangers around my son nor do I know her intentions. Can I restricted visitation as long as she is around?
    Also, we have a rough past; he was abusive & violent but I never pressed charges. Can this be used against him without paperwork?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Is My Ex Entitiled to Visitation

    He is entitled to pursue visitation regardless of support orders - they are completely unrelated issues.

    You don't get to decide who kiddo is around during Dad's parenting time, either. Generally, the court's position is that you found him suitable for baby making, and now you'll have to learn to deal with him parenting as he sees fit.

  3. #3

    Default Re: Is My Ex Entitiled to Visitation

    Quote Quoting momof02
    View Post
    I don't know her nor do I want to get to know her.
    Understandable! However, DAD knows her, and by making a child with dad, you've effectively told the court that you approve of his decision making. Remember, he chose YOU too.


    I'm not ok with strangers around my son nor do I know her intentions.
    You've going to have to get used to the idea that until PROVEN otherwise, the courts work under the presumption that dad and his decisions regarding the child are expected to be as good as your own. In other words, unless you've got some sort of proof that she's a child molester or presents some other danger to the child, the court is going to trust dad's judgment, just as it trusts yours.



    Can I restricted visitation as long as she is around?
    You can restrict ALL aspects of visitation, right up until dad gets a court order for visitation, at which time you need to abide by whatever is in that order. Can you ASK the court to restrict his new flavor of the week? Sure you can. But unless you've got PROOF of her being a danger, the court will spend less time considering that request than it took me to type this sentence.

    Also, we have a rough past; he was abusive & violent but I never pressed charges. Can this be used against him without paperwork?
    If you never reported it, then in the court's eyes, it never happened. The time to hold abusers accountable for their actions is at the time, not at some later time when he's moved on to someone else and you're seeking control mechanisms of your own.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is My Ex Entitiled to Visitation

    Quote Quoting momof02
    View Post
    My question involves a child custody case from the State of: Idaho

    My ex has communicated to me that once he starts paying child support he is entitled to visitation.
    I am not against my son spending time with him, however; he was the one who walked out months back for another girl. I don't know her nor do I want to get to know her. I'm not ok with strangers around my son nor do I know her intentions. Can I restricted visitation as long as she is around?
    Also, we have a rough past; he was abusive & violent but I never pressed charges. Can this be used against him without paperwork?
    Dad is not "entitled" to visitation just because he is paying child support. Child support is not an admission ticket to see a child. He is entitled to sue for visitation rights and if he does so, he WILL get visitation rights. Depending on the child's age he may have to phase into standard visitation, but eventually he will get at least standard visitation.

    As the others told you, you will have no control of who dad has around the child during his parenting time.

    However, until such time as dad files for, and is awarded a parenting schedule, you do have control of what kind of visitation dad gets.

  5. #5
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Is My Ex Entitiled to Visitation

    Quote Quoting momof02
    View Post
    My question involves a child custody case from the State of: Idaho

    My ex has communicated to me that once he starts paying child support he is entitled to visitation.
    I am not against my son spending time with him, however; he was the one who walked out months back for another girl. I don't know her nor do I want to get to know her. I'm not ok with strangers around my son nor do I know her intentions. Can I restricted visitation as long as she is around?
    Also, we have a rough past; he was abusive & violent but I never pressed charges. Can this be used against him without paperwork?
    You say he is your ex, but were you married or just boyfriend / girlfriend?

    If you were not married, he is not entitled to anything. However a relationship between child and father is important. Whatever happened between you and this man is not material when it comes to the relationship with the child. So think about the child in this case.

    You cannot restrict anything once it is court ordered. Think about what you are asking. You are asking that dad be restricted when his new girlfriend comes around, are you going to behave in the same manner and not have another man around your child?

    1. Sponsored Links
       

Similar Threads

  1. Custody and Visitation Issues: How to Get Supervised Visitation or Get Visitation Revoked
    By Concerned Mother in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 02-20-2013, 05:56 AM
  2. Modification of Custody: Visitation in Old Decree vs. Amended Visitation Agreement
    By AMomInTexas in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 12-01-2012, 04:05 PM
  3. Enforcing Custody Orders: What Happens When Holiday Visitation Supersedes Weekend Visitation
    By Letty65 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 11-28-2012, 09:16 AM
  4. Denied Visitation Despite Visitation Order
    By concernedmommy82 in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 04-23-2011, 02:04 PM
  5. Modification of Custody: Changing Visitation to Supervised Visitation Only
    By sandals in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 08-05-2010, 10:52 AM
 
 
Sponsored Links

Legal Help, Information and Resources