Family Law Questions? Ask a Family Lawyer Online.
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We answer informational questions.
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If a parent wants to have visitation restricted or revoked, the parent may petition the court to do so.
The court evaluates visitation in accordance with the best interests of the child.
Courts look at the dating partners of parents in making such decisions.
If it can be shown that a parent's dating partner has a history of violence, domestic violence, etc., that can be sufficient to restrict or even revoke visitation with a parent.Further, if a parent is living with a dating partner but is unmarried, courts may consider that when determining whether or not to permit overnight stays.
Your next step now is to gather all of the evidence that suggests that the current visitation is bad for the child and you should immediately present that to your attorney.
Your attorney will then attempt to show the court why the visitation schedule should be altered.
Any information that you think might support your claim that the environment isn't good for the child.
For instance, if you know that the other person has prior criminal convictions, you should tell your attorney about that.
You should tell your attorney about your ex's restraining order against the individual and the prior domestic violence act.
You should tell your attorney about her drug use.
If she's doing something or exposing the child to something that's not good for the child, you should share this with your attorney.
Information like that can be helpful to your attorney in pursuing restrictions on the other parent's visitation.
Further, if there's any other evidence than your personal knowledge (emails, witness testimony, etc.), your attorney needs to know about that as well.
Okay. As mentioned before, you need to retain one for this process.
The legal process is complicated and difficult.
Laypeople typically can't effectively represent themselves in court because they don't know enough about law or procedure.
Unless you're prepared to spend days in law libraries studying the law and procedure, this isn't something you should be trying to do yourself.
Even then, you'll probably be unable to do as good a job as an attorney. Attorneys go through years of study, pass rigorous exams, and undergo additional legal education to become competent.
Unfortunately, you really need to retain an attorney.
That said, if you can't afford one, a local legal clinic may be able to assist you for free or at a discount.