I am currently fighting for custody of my children with supervised visitation but my lawyer is telling me to let my soon to be ex see our 2 children until court. However in the past year and a half, he has attempted suicide, failed a polygraph about being the suspect in our sons case of shaken baby syndrome, which all signs point to him, and has harmed my oldest son but only listed as a person of interest in the case because a toddler is not a credible witness. Can all this be used to gain supervised visitation in the future? He has also been cheating on me for almost a year now as well.

For one thing, get a different lawyer for God sakes! I don't know what lawyer in his or her right mind would recommend this. File an emergency order with the courts, for child endangerment. Keep a journal and dates of every occurrence, and all of the physical, verbal, or any and all abuse, for the courts. Any proof that he is unstable, let the courts know, and file a police report. The police might not be helpful, but you have evidence of a report.

Your kids shouldn't be around someone who is so unstable.

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Originally Posted by frustratedmum2

I am currently fighting for custody of my children with supervised visitation but my lawyer is telling me to let my soon to be ex see our 2 children until court. However in the past year and a half, he has attempted suicide, failed a polygraph about being the suspect in our sons case of shaken baby syndrome, which all signs point to him, and has harmed my oldest son but only listed as a person of interest in the case becuase a toddler is not a credible witness. Can all this be used to gain supervised visitation in the future? He has also been cheating on me for almost a year now as well.

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When was this first filed with the courts because your question doesn't sound right. Is this divorce / custody proceedings ? ( reason being he cheated on you ? ) or is this just custody and your already divorced ? Another option is to request a parental evaluation but that's going to have to go through the courts. Unless your lawyer is willing to file emergency orders then he's right as far as having to let him see the children at this time. Make sure that everything is documented and don't even bother with hearsay at all. Keep a folder and supeana anything you can that will help you build your case. Your going to need proof or don't even bother making statements against him in a courtroom.

I would be honest if I fully believed my ex hurt my child, they would never see the child even if there was a court order, I couldn't care less, that child would be hid away for the child's safety.

I agree get another attorney this one does not seem to have the child's best interest.