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visitation rights?

Me and my husbabd are seperated, and i have our son. the only time he wants to see him is when he gets a new girlfriend or needs food (free food from churches) My ex is on disability because he claims to be a manic depressant and has post traumatic stress disorder and bi polar and so on and so forth. He is not taking his medication anymore because he claims he doesnt need it. He was also in prison for stealing, grand theft auto, and doing meth. I hate letting my son go over there, but I was told that since we arent legally divorced yet, that I have no say. We are working on getting a divorce, he just refuses to file his paper work. Im not sure what to do...

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Anonymous

Asked by Anonymous at 3:18 PM on Mar. 26, 2009 in Relationships

Answers (4)
  • Is is stated on anything what his parenting time is if any...
    Dannee

    Answer by Dannee at 3:21 PM on Mar. 26, 2009

  • If custody has not been established through the court as of yet, you should do that asap. As long as his name is on the birth certificate, he has as much rights as you do. First and foremost you should go to the court house and file the paper work for sole physical and legal custody and ask the judge that your ex get supervised visitation. You will need to provide proof of why he should have SV so you will need (documentation of his charges, jail time, mental evaluations) and so forth. Also might be a good idea to bring any witnesses to any occurrences. You don't need all of this but it will make it easier to establish safe visitation. As far as the divorce, depending on your state you may have to file for a legal separation first before filing for divorce. Either way, you don't have to wait for him to file his paperwork because you can get a divorce by default if he doesn't cooperate. GL!

    legalmommy101

    Answer by legalmommy101 at 3:29 PM on Mar. 26, 2009

  • go to the courthouse & file a TEMPORARY PROTECTIVE CUSTODY ORDER. Explain to them that you have reason to believe that your husband is using meth, and that you are scared about your son being exposed to wrongful things (or whatever your escuse is) you can lie, or tell the truth. As long as it is YOUR child, they will do it immediately. It's that easy. You will have every right to keep him from going over there if you do that. They will have y'all go to court, & unless he has tons of proof that he is a good dad & keeps himself clean then they can keep the order. It will at least work for a little while, & it will help jumpstart your divorce. If he is TOTALLY inactive & shows that he is even unable to file his paper work, the court will help you out w/ the divorce. There are a lot of loop holes that you can work with.

    remember,

    TEMPORARY PROTECTIVE CUSTODY ORDER
    samurai_chica

    Answer by samurai_chica at 4:34 PM on Mar. 26, 2009

  • thank you, i will go down to the court house tomorrow. you have been very helpful.
    Anonymous

    Answer by Anonymous at 5:44 PM on Mar. 26, 2009

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