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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101758
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my ex is trying to get over night visitation with our daughter.

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my ex is trying to get over night visitation with our daughter. he has been in jail for domestic violence in the past (2yrs ago) and is currently behind on child support. over 1000k. should i get a lawyer?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

Who did he assault - was it you and/or your daughter?
Customer: replied 5 years ago.
no it was a girl "friend" that was letting him live with her. she had children living there as well. but no not me. although there was a CPS case before all of this that my other ex (yes i have 2 ex children fathers) where Cory (my first two childrens father) accused Dustin (man i am talking about) of abusing my 5yo daughter who was only 2 at the time. the case was dropped after a year of investigation and CPS deamed me dustin and I's daughter sole legal custodial guardian because he was noncompliant with all of CPS and found no imperical evidence of abuse. so everything was dropped with CPS concerning my children. Then after the CPS case. he went to jail for domestic abuse it was supposed to be 3yrs i believe but he got out after 1.5yrs.
Expert:  Ely replied 5 years ago.
Thank you.

The fact that he is behind on child support does not affect his right to visitation, although you can and should ask the state to enforce it (free of charge for you), or do so yourself:

http://www.in.gov/dcs/support.htm

Every parent is entitled to visitation/custody unless they are a danger to the child (in which case, no-overnight and/or supervised visitation would be ordered). He likely can indeed get some kind of visitation. This means that if you wish to oppose it, you will have to show that it is not in the best interest of the child. An attorney is indeed recommended.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction – really – don’t be shy! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Customer: replied 5 years ago.
so what you are saying is yes i should get an attorney and i should get the information on the CPS case and also his domestic violence case when we go back to court?
Expert:  Ely replied 5 years ago.
Indeed.

1) Request child support enforcement from the state
2) Hire an attorney if/when he requests visitation formally in Court (alternatively, you can use the same attorney for both matters)

You may also use his child support as leverage, stating that you will enforce it if he requests visitation.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction – really – don’t be shy! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
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