[jbyrd102082]

My daughter is almost 3. her father and I were never married or living together. I learned that he is manic depressive bipola dissorder type 1, several weeks before she came into this world. We were and still currently live at my mothers house. My daughter and I stayed at her fathers residence for about 5 day's when she was 3 weeks old. I informed him on a Sunday that she and I were going to go back home that day. He got very angry, while holding her in his arms he screamed, cussed me, and threw our 2 bags out the front door. I called the police cause he said "she's staying with me" that was not acceptable to me. We left after police arrived. I didn't hear anything from him for an entire year.
After that first year of her life, I received a notice of court date, he filed a visitation order. We went to court and established he would get visitations every other weekend, and during the summer every other week. The summer visits only happened twice, and he was unanble to keep her for a whole week at a time due to his job. So we agreed to keep it every other weekend. Ff to April 2013, he and his mother came to pick her up on the 26th. Everything was the same as it has been. That night I received a call from a police officer that my daughter was going to be brought home because of an occurrence at his mothers home. When his mother and her husband got her to my house at 930 that night, I was informed that her father has slipped into a manic episode. She informed me of the following: he andhis fiancé split up, he took a loa fromhis job, drove his truck to norhtern Alabama where he wrecked it, leaving it running on side of the street, he walked away from it in the middle of the night on April 17, broke into a mans home naked, and the man shot him because he tried to take the gun. As far as I know no charges are being pressed. He was then lifeflighted and held in icu for 48 hours. Later that week after he had gotten home to his mothers, he dissapeard, and was found 5 days later on a roadside ditch incoherrant claiming to be on a mission for jesus, and he began speaking in tounges to the paramedics.(I have that police report) also, on an early morning 2 weeks before his car wreck, he had her for his weekend, and at 4a.m he had driven 47 miles to his mothers house with our daughter because "she wanted to see them" his mother told me she was dirty, her hair was sticky, and she had to give her a bath immediately because he did not bathe her after spending a day at the beach. According to him, she fell asleep after eating supper and he did not want to wake her up.
Upon learning all this info from his mother, I began preparations to change the time sharing plan from every other weekend to every other Monday at a family visitation center were they will be supervised at all times. The court date is set to go before a judge in two months. His mother is now demanding that they will be here to pick her up and take her next Friday at 5. I have offered they come to our house to see her, and they did this past Sunday. He just got out of a behavioral health unit last Monday, I'm not comfortable her being around him. Legally, if I don't allow them to take her, can I be held in contempt, and charged for not following the first court order now that the case is reopend? I really don't feel that she is safe if he's around. When they came over Sunday, she didn't even want to go around him. Also, the night the police called me, his mother also said she was holding my daughter while he screamed cussed, and spit on her. Wich is obviously why she was leary about her father.

[N0help4u]

Are. You wrong about what? His mental issues alone should give him at most a few hours supervised visit no more than once a week or less at most --and that's being generous

[joypulv]

You have between now and next Friday to try to get an emergency temporary order from the court. Bring copies of police reports.

[cdad]

If you don't follow the court orders then yes you can be held in contempt.

[ScottGem]

You are saying the police called you to come get your daughter? I don't think you have anything to worry about withholding visitation until the court hearings.

[N0help4u]

She definitely needs to get back to court and update that he isn't keeping scheduled visits and cutting them short due to his mental issues.

[jbyrd102082]

You have between now and next Friday to try to get an emergency temporary order from the court. Bring copies of police reports.

I was told by the courts that since the case was already re-opend that I can not file that.

[joypulv]

Then I'm not sure what to do other than withhold visitation as ScottGem said. I'd go down there in person and try again.

[ScottGem]

Is he even asking for visitation?

[jbyrd102082]

Is he even asking for visitation?

No he isn't and he hasn't. He was at my house this past Sunday to see her, after his mother asked if they could come over. And he didn't ask not once if he could get her or even come see her again.

[N0help4u]

I have a feeling that its his mom wanting/ using him for visits for her, Whatever it is you need to get to the court and tell them everything and see if you can get the order modified/changed

[jbyrd102082]

I have a feeling that its his mom wanting/ using him for visits for her, Whatever it is you need to get to the court and tell them everything and see if you can get the order modified/changed

that's just it, I have filed the modification. The courtdate is set, his mother is the one doing all the asking and demanding. Not him. That's why I'm wondering (along with everything else) can I be held in contempt?

[N0help4u]

No because she has no rights and like the others said you go in court with documentation of how he neglects visits, cuts them short, no structure, police called, etc... and she has no rights.

[jbyrd102082]

No because she has no rights and like the others said you go in court with documentation of how he neglects visits, cuts them short, no structure, police called, etc.......and she has no rights.

Thank you everyone for for the info. It is very useful