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-   -   Visitaion worries (https://www.askmehelpdesk.com/showthread.php?t=297642)

  • Dec 31, 2008, 09:01 PM
    tmevans
    visitaion worries
    Hello, I am divorcing a husband of 17 years and I have been physically separated from him almost 3 years. He was a drug abuser.. pot pills cocaine and smoked crack and was violent towards the kids and I. the police picked us up when he was gone to get drugs, they dropped us off at a safehouse and he started calling there so they moved us further away. Then he was calling there. After we left he was convicted of trafficking and has served almost 2 years of a 5 year sentence. Th kids and I have been living in another state and aredoing well. I will have full custody but what can I expect will happen about visitation? He is up for parole in April of 2009. Thank you.
  • Dec 31, 2008, 09:11 PM
    blindmender

    It depends on what State's that you are talking about. It should be spelled out in your divorce decree. (mine was) I believe that your Lawyer will be the most helpful person with that question.
  • Dec 31, 2008, 09:18 PM
    tmevans
    Thanks for answering
    I have full custodybut he still has to send the papers back it has not gone through the couts yet because he didn't get it noterized, he is in ky and we are in va and the child is 13 and turns 14 in may but the papers say I have full custody with visitations to be agreed upon by the parties
  • Dec 31, 2008, 09:20 PM
    tmevans
    New at this asked another question to try and tell u more about the cituation. Lol
  • Dec 31, 2008, 09:35 PM
    blindmender

    All I can tell you is that here in Ohio, you can have supervised visitation, meaning that some one else, (a third party) will be present at their visitations. I hope that helps.
  • Jan 1, 2009, 07:10 AM
    JudyKayTee
    Quote:

    Originally Posted by tmevans View Post
    hello, i am divorcing a husband of 17 years and i have been physically separated from him almost 3 years. he was a drug abuser..pot pills cocaine and smoked crack and was violent towards the kids and i. the police picked us up when he was gone to get drugs, they dropped us off at a safehouse and he started calling there so they moved us further away. then hewas calling there. after we left he was convicted of trafficing and has served almost 2 years of a 5 year sentance. th kids and i havebeen living in another state and aredoing well. i will have full custody but what can i expect will happen about visitation? he is up for parole in april of 2009. thank you.



    If your divorce is already going through the Court system - if you have an Index Number - then this should be covered as part of the divorce, part of the Order or Judgment.

    If not - you need to request the Court for supervised visitation (visitation in the presence of a neutral, third party) or no visitation or whatever you think is best for your children BUT you will need to prove he is a danger to your children in order to get that type of relief.

    I would get an Attorney now or go to your local Family Court (which is remarkably user friendly) and begin the process yourself.
  • Jan 1, 2009, 07:14 AM
    ScottGem

    It sounds like the divorce decree postponed visitation for a later date or left it for you to mutually agree on. That means you can specify supervised visits and if he doesn't agree then he will have to go to court to get something different. At the hearing you can make your case for supervised visits. With his record I think the courts will agree to that and least until he proves he is rehabilitated.

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