[keesh51785]

I recently stopped letting my children go to their biological fathers house because when they came home they told me how their father smoked weed around them, and also the oldest which is 8 was saying she seen him giving some to people coming over. I know he sells drugs for a living. He is married, she is going to school, and I am not sure she works. But he has NEVER had a job. He pays child support when he can, or feels like it. Also he said a few things to my children that made them feel bad and they said they really don't want to go back over there. I have known him since I was 16 and I do know what he does, we are 28 now and I feel I have had enough. I have been way to nice and he keeps putting my kids in between the mess he does. My daughter is the oldest and has seen and knows too much. He was very abusive with me, he does have a criminal record of domestic on me and also drugs. He threatened me today to take me to court for visitation because I told him my concerns. I have been a registered nurse aide for 5 years. I have lived at my residence now for almost 2. I have a husband, and we both have stable, good jobs. What should I do? Should I get a lawyer now? I need advice.

[ScottGem]

Has there ever been any court actions? Either child support or visitation?

Has he ever been convicted for selling?

If there is court ordered visitation you have no right to stop it, unless you can prove, in court, he's a danger to the children. If he goes to court for visitation, you will have to prove he is a danger to the children to prevent visitation, though you may be able to restrict it to supervised visitation.

[keesh51785]

Yes, he has a court order to pay child support. He has been taken back to court for non-payment and she was very upset and asked why he isn't working and if he has a physical problem to where he is unable to work. He said no, and she said then there should be no reason you don't work. Since then he keeps up with it enough to not go back. And yes he has been in trouble by courts for drugs. He had a gun charge before, domestic on me, and everything else is drug charges. He just recently got caught with a scale and drugs. He has been to prison twice for that. My oldest child is 8 and can tell you everything she sees and hates to be there. I was trying to do the right thing to have their dad in their life, but he is not a great example and I don't want my kids around this.

[ScottGem]

But no court orders for visitation? Then let him go to court for visitation. I suspect he won't because he is afraid of the courts. But if he does, I think there is ample evidence to get only supervised visits, if any.

On the other hand, may I suggest your husband move to adopt the children. If he realizes this will let him off the hook for child support he might agree and that would terminate his parental rights completely.

[keesh51785]

But no court orders for visitation? Then let him go to court for visitation. I suspect he won't because he is afraid of the courts. But if he does, I think there is ample evidence to get only supervised visits, if any.

On the other hand, may I suggest your husband move to adopt the children. If he realizes this will let him off the hook for child support he might agree and that would terminate his parental rights completely.

No there is no court orders for visitation. If you pull up his record you can see he has a long history with drugs. Also I would move to get him drug tested as well. I know everything he does personally but if he wants to take it as far as the courts I will let them know everything I know. My concern is more my kids than anything. I don't think he will give up his rights simply because out of spite. I could try it, but I don't think he will.

[ScottGem]

First, you can only tell the courts what you can prove, not what you know.

Maybe he will refuse to agree, but if you can prove he is a danger to the children, his objections may be overridden.

[excon]

Hello k:

A criminal background and use of marijuana won't necessarily end his visitation.

excon