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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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The father of my daughter is in the middle of a possible divorce

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The father of my daughter is in the middle of a possible divorce but has been going back a forth between his wife and another woman. I have physical custody of our 12 year old daughter and he has had visitation three weekends a month, we have never been married and I am not sure in the paperwork that I have is an order for parenting time. So I was wondering with his unstableness gives me the legal right to not send my daughter with her father? Also, there were a few different occasions where he has left our daughter at public places such as a movie theater and a swimming pool with other children not much older then our daughter.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Has the father's instability had a detrimental effect on your daughter?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

He has been going back forth between this two women even before he got married. I believe it has due to the fact that my daughter is confused if her dad and his wife are back together or with the other woman. I want him to see his daughter but I don't want her think it's okay for a man to treat her this way when she gets older. The thing is if he wants to see her he can come to where I live and take her for a few hours or so but then drop her off back at home.

Hello again, Theresa, and thank you for clarifying that situation for me.

This would be a very confusing situation for your daughter and likely does send her the wrong message. The problem is that parental rights are constitutionally protected, so it is difficult to limit or terminate a parent's right to visitation and you should not normally violate a court order granting the father visitation.

However, you could file a motion to modify the order of visitation, seeking more limited visitation by the father, or even supervised visitation as being in the best interests of your child. To make a persuasive case, you should typically have evidence that the current visitation is not in your daughter's best interests, such as statements by school officials that her grades are suffering because of the instability, or a statement by her therapist indicating she is suffering in some way because of the father's situation. In addition, a journal of all incidents which evidence neglect by him should be documented and presented to the court as well typically, such as him leaving her in public places where she is not supervised.

This would typically represent the appropriate method for modifying the court's order of custody so he cannot seek to have you held in contempt of court for refusing visitation which would violate the current order which is in place.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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