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    BeautifulChaos86's Avatar
    BeautifulChaos86 Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 20, 2007, 11:54 PM
    My child and custody and visitation
    I was just wondering if anyoe could help me out... I'm not really sure how to do this so I hope it works... anyways I am a 21 yr old woman who has a 2 yr old boy... My es husband is coming back from iraq and wants to get set visitation and decided to not give up his rights... I want him to give up his rights... How can this be done if at all possible... before he wanted to do all of this in the 2 yrs he has see nhis "son" a handful of times and that was when it was convenient for him... many many many other times I tried to get hi mto see him buy offering him money for gas or offering to take him to his place so he could see his son and he didn't want to do it... the entire yr he has been in iraq he called a number of two times then he called once today... plus before he left he had his weapon taken away from him because they felt he wasn't safe with him having it... I just wanted to give you a little bit of history on him and what he has or should I say hasn't done for his son... please if anyone has any advice or knows what can be done PLEASE PLEASE let me know... I'm so afradi to let this man take my child plus not to mention I'm afraid that if he does get visitation my son will lbe scard... he doesn't know him... again PLEASE LET ME KNOW ANYONE I'M DESPRATE.

    P.S. It is also in the divorce papers that I hve physical custody of my son... does this make a difference on weather or not he can get visitaions
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Oct 21, 2007, 10:50 AM
    Your having physical custody does not block your ex from getting visitation if he wants it. In order to block it you'd need to prove that he is a danger to the child. Part of the problem is that by trying to block him from seeing his son, you set yourself up as the "bad guy." Here you have a serviceman returning from a year's deployment in Iraq and wants to see his son and you don't want to let him ; that doesn't look too kind in the eyes of the judge or the public in general. I'm not suggesting that some of your concerns aren't valid but you're going to have an uphill battle against you either way you look at it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 21, 2007, 11:25 AM
    I will go even further to say even if there is a chance he is a danger, they will still most likely give him supervised visits. As long as he wants visitation rights there is not gong to be a court that will refuse it in some forms unless there is a serious history of dangerous behavior.

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