Results 1 to 8 of 8
  1. #1
    Join Date
    Aug 2019
    Posts
    1

    Default A Child with Autism and an Incapable Non Custodial Parent

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

    I, the mother, have primary and sole custody of my 9 year old son who has autism and non verbal. His biological figure has visitation everyother Sunday. He does not pay child support. He himself cannot read, write, or speak well so he is not helping my son in any way at all in life. He does not provide a stable or good enough environment for visitation. He does not drive so I am the one doing all the transportation for my son to see him.

    My issue, aside from the above, is that he has the most disrespectful mouth and the worst attitude and i hate looking at him because of how he talks to me infront of my son and when hes not around. I do everything and he literally is jus a play buddy for my son. He smokes weed around my son, he leaves my son with random people I dont know of or even the adress of where they live. My son cant talk so i dont know what's going on. He doesnt feed him food that's nutritious, only pizza and I've asked him several times not to but he disrespects me and infront of my son says whatever imma do what I want. I pack food, he wont give it to him.

    I finally took him out for child support for extra help for my son and he is refusing to pay because he says he wont have a place to stay and owes the irs and then fights with me. I record all conversations on the phone. What can I do? I want him gone. I cant take this anymore. My son doesnt need him. My husband has been his father since he was 1. What can I do?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,047

    Default Re: A Child with Autism and an Incapable Non Custodial Parent

    Is there a court order for visitation?

  3. #3
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,934

    Default Re: A Child with Autism and an Incapable Non Custodial Parent

    Quote Quoting cbg
    View Post
    Is there a court order for visitation?
    Also for child support? (Only because I can't understand what "I finally took him out for child support for extra help for my son" combined with "he is refusing to pay" means.)

  4. #4
    Join Date
    Oct 2014
    Posts
    7,353

    Default Re: A Child with Autism and an Incapable Non Custodial Parent

    Quote Quoting TMorgan
    View Post
    What can I do?
    The "biological figure" is the child's father, much as you don't wish to think of him that way. You presumably knew a bit about the guy before hooking up with him and knew the risks that in doing so you might end up having a child with this guy that you now seemingly detest. Unfortunately (from your perspective), having had a kid with this guy means that he does have certain rights, among them the right to visitation with his child should he wish it. Of course, that also means he has the obligation of paying child support. (And the IRS will take into account any court ordered child support in determining his ability to pay the taxes he owes.) That right of visitation will continue until either (1) your husband adopts your son, which likely would require the consent of the father or (2) you prove the father unfit and get his parental rights completely terminated. I would recommend you see a family law attorney if you are interested in either one of those to see if they might be possible in your case. But you may find that you'll have to continue dealing with the father for the forseeable future.

  5. #5
    Join Date
    Dec 2007
    Posts
    246

    Default Re: A Child with Autism and an Incapable Non Custodial Parent

    In the scheme of things, pizza is nutritious. Give him some fruit on his ride home for a well balanced meal any 9 yo loves. Stop sending food; that is disrespectful towards dad as are some of your other statements.

    Don't talk to him except with regard to child. Get a court approved communications app so he cannot harass or upset you.

    Ditto the advice above about CS. Don't just complain; take action. Your son deserves to be supported by both parents.

  6. #6
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,934

    Default Re: A Child with Autism and an Incapable Non Custodial Parent

    Just re-read OP's post. Visitation is only one day every two weeks. So kid is exposed to just pizza one day every two weeks. Hardly a health hazard.

  7. #7
    Join Date
    Oct 2006
    Posts
    15,533

    Default Re: A Child with Autism and an Incapable Non Custodial Parent

    Quote Quoting eerelations
    View Post
    Just re-read OP's post. Visitation is only one day every two weeks. So kid is exposed to just pizza one day every two weeks. Hardly a health hazard.
    That was my reaction as well. Basically, dad gets to see the child twice a month for a day. I do understand why mom might have some concerns since the child has autism and is non verbal, but I don't see how she can convince a judge to cut dad out entirely.

  8. #8
    Join Date
    Jun 2010
    Posts
    641

    Default Re: A Child with Autism and an Incapable Non Custodial Parent

    Quote Quoting llworking
    View Post
    That was my reaction as well. Basically, dad gets to see the child twice a month for a day. I do understand why mom might have some concerns since the child has autism and is non verbal, but I don't see how she can convince a judge to cut dad out entirely.
    Especially over pizza.

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

    I, the mother, have primary and sole custody of my 9 year old son who has autism and non verbal. His biological figure has visitation everyother Sunday. He does not pay child support. He himself cannot read, write, or speak well so he is not helping my son in any way at all in life. He does not provide a stable or good enough environment for visitation. He does not drive so I am the one doing all the transportation for my son to see him.

    My issue, aside from the above, is that he has the most disrespectful mouth and the worst attitude and i hate looking at him because of how he talks to me infront of my son and when hes not around. I do everything and he literally is jus a play buddy for my son. He smokes weed around my son, he leaves my son with random people I dont know of or even the adress of where they live. My son cant talk so i dont know what's going on. He doesnt feed him food that's nutritious, only pizza and I've asked him several times not to but he disrespects me and infront of my son says whatever imma do what I want. I pack food, he wont give it to him.

    I finally took him out for child support for extra help for my son and he is refusing to pay because he says he wont have a place to stay and owes the irs and then fights with me. I record all conversations on the phone. What can I do? I want him gone. I cant take this anymore. My son doesnt need him. My husband has been his father since he was 1. What can I do?
    If this illiterate and uncouth person is so horrendous, why did you choose to have a child by him? Honest question.

    1. Sponsored Links
       

Similar Threads

  1. Custody and Visitation Issues: Can a Custodial Parent Let a Child with an Autism Spectrum Disorder Decide Visitation
    By arlo in forum Child Custody, Support and Visitation
    Replies: 24
    Last Post: 12-28-2016, 12:43 AM
  2. Federal Taxes: Non-Custodial Parent Claimed Child Without Custodial Parent's Permission
    By Avaya11314 in forum Tax Law
    Replies: 2
    Last Post: 02-15-2015, 04:45 PM
  3. Custody and Visitation Issues: Custodial Parent Wants Child Back After Sending Her to Stay with Non Custodial Parent
    By natosha27 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 08-26-2013, 08:50 PM
  4. Modification of Support: Paying Child Support to Custodial Parent Child Living with Non-Custodial Parent
    By hedliq in forum Child Custody, Support and Visitation
    Replies: 10
    Last Post: 08-23-2013, 07:20 PM
  5. Non-Custodial Parent Trash Talking Custodial Parent to Child
    By mom2four in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 09-10-2008, 11:58 AM
 
 
Sponsored Links

Legal Help, Information and Resources