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illy1 · Sep 30, 2011, 05:19 AM

I am getting divorced and my lawyer and housband had signed a paper saying housband has no legal grounds on my son. But now he is sayng he is going back to court to file a motion to have right on visitation. My son which has been around x for 7 yrs doesn't want to spend time with him or see him for all the mentale and phisical abuse. Can he can visitation?

twinkiedooter · Sep 30, 2011, 04:26 PM

Yes, if he does convince the judge about the visitation issue. Has he formally been stripped of his father's right to the child by the court during the divorce proceedings?

ScottGem · Sep 30, 2011, 04:52 PM

Your lawyer should know better. Only a court can terminate parental rights. So what your husband signed would not be binding unless a court agreed to it and its unlikely they would.

However, unless you can prove the abuse, he is likely to get visitation. You should demand at least supervised visitation

illy1 · Sep 30, 2011, 04:56 PM

No my son is from another partner he only raised him. We have a biological son which we have joint custody. He wants visitation on my oldest son.but my oldest doesn't want to spend time with him at all. The reason for our divorse is because of the mental abuse he had toward my oldest child

ScottGem · Sep 30, 2011, 04:59 PM

How old is the older child? Depending on his age his preference may be listened to. Also how long were you married? If he has raised your older son for a significant time, a court could grant him visitation.