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Crazy Angel · Feb 15, 2008, 03:01 PM

When my son turns three years of age, is his father legally able to keep him over the weekend, even though its not stated in our court papers? I really don't trust him to even have overnight visits of any kind. I expressed these feeling to our judge, so she limited his visits to only a few hours a week, but my child's father keeps telling me he that he will get him and if I try to stop him he'll hold me in contempt of court, and take complete custody of my son... is that possible?

macksmom · Feb 15, 2008, 03:08 PM

If the court order does not specify overnight visits then you don't have to allow them. All visitation has to follow what was ordered by the courts.

The father can, however, go back to court and petition to have overnight visits.

What exactly does your court order say as far as vistations?

Crazy Angel · Feb 15, 2008, 03:17 PM

Originally Posted by Crazy Angel

When my son turns three years of age, is his father legally able to keep him over the weekend, even though its not stated in our court papers? I really dont trust him to even have overnight visits of any kind. I expressed these feeling to our judge, so she limited his visits to only a few hours a week, but my childs father keeps telling me he that he will get him and if i try to stop him he'll hold me in contempt of court, and take complete custody of my son... is that possible?

He gets my son from 4pm to 8pm on the second and forth fridays of each month and from 2pm to 7pm on the first, third and fifth Sunday of every month

macksmom · Feb 15, 2008, 07:13 PM

Originally Posted by Crazy Angel

He gets my son from 4pm to 8pm on the second and forth fridays of each month and from 2pm to 7pm on the first, third and fifth sunday of every month

If that is ALL the court order says, then that is all he gets... no more (unless you approve it), no less.

So, yes, you can refuse the over night visits. But like I said, he can go back to court and petition that the visitation order be modified to include overnight visits... and unless you can prove that it is a danger to the child to let him stay overnight, the courts will most likely add that to the visitation order.

Fr_Chuck · Feb 15, 2008, 08:12 PM

He can get them only what the court order says, if you have read it, and it says nothing else when the child is older, he can not until he goes back to court. Now if he is not a threat to the child, some danger, I can't see why he can not get it, if he files back in court.

cdad · Feb 17, 2008, 08:40 AM

There may be a stipulation in there that your not seeing so you really need to proofread the document. Quote : He gets my son from 4pm to 8pm on the second and forth fridays of each month and from 2pm to 7pm on the first, third and fifth Sunday of every month
End quote:
It is impossible to have a 5th Sunday in a month. There may be a stipulation that he is reading that he is positive on. Also if he has been following the courts orders and the child turns 3 then he may ask and get a modification at that time. Unless as Fr_Chuck says as there being eminent danger to the child then reality is he's more then likely going to get time with him / her overnight and your going to have to learn to deal with it by seeking council of your choice.. Friends, Church, Therapist. Be perpared because your going to need strength to get through this.

Crazy Angel · Feb 17, 2008, 02:01 PM

There are only 2 or 3 months in the year in which there are 5 sundays, so that's not impossible, and he isn't exactly following the court orders.. for instance...
> he isn't paying child support
> I can't say where exactly he is staying because he is always switching places
> he doesn't have a steady job
> he never calls from the same phone numbers
Pretty much he is very unstable, it is in the orders that I know all this information and am given notice as soon as anything changes

Also a big concern was when CPS called me and said that his own mother calld them and accused him of molesting his girlfriends daughter...

I would say that the fact that he's not allowed to be alone with ANY child is danger enough

Crazy Angel · Feb 17, 2008, 02:07 PM

But just to be clear he was just accused of molesting the 9 year old girl, there was no actual proof of him molesting her since his mom didn't actually see him in the act, and the girl didn't say anything.. what happened was the mom told CPS that she found both him and the girl underneath a blanket in bed with their pants down and he had an erection, but of course he denied it all

cdad · Feb 18, 2008, 02:33 PM

What did CPS have to say about it ? Is it still under investigation ? You need to check on that right away as it may be grounds for supervised only visitation if any at all depending on their ruling. As far as him paying his child support that's separate from visitation. And yes I stand corrected on the 5 Sunday thing lol.. the math said no but the calendar said different ( sorry )

Crazy Angel · Feb 18, 2008, 05:20 PM

That's OK I thought it was weird too, but no the case is closed, because they had no actual proof of him touching her... but as for the supervised visits, that's already been taken care of, I asked for that when we first went to court and the judge granted it.. all visits have to be supervised by his parents, but who knows if they are actually there ll the time