I have full legal and physical custody. Father has visitation. If he was just arrested, can I withhold visits?

Question

I just obtained full custody. Father gets locked up for being around my house and not leaving when I asked numerous times (I had a protective order on him but we were still seeing one another with it so that is pretty much void but I think he is going to throw that in my face). He has a horrible drinking problem. I do not want my daugther around him until he gets help himself. Can I withhold visitation even though the order gives him alternating weekends? I'm afraid he is upset about being locked up/

Answer 1

I think you are between a rock and a hard place in this situation.

A mother must - in all circumstances - protect her child.  Ask a family mediator to give only supervised visitation to the sober father only.

Unfortunately, when he has to be sober for visitation he may not show up at all.

Answer 2

for one thing (and i know its hard) but you need to follow the rules and laws. if you get a order on him you have to follow it. you can go to the court and ask to have his visits temp stopped until he gets the help he needs due to the danger that may come to your daughter. you need to not miss a step, it will always come back to bite you.  

Answer 3

No, you cannot withold visitation because then you would be in violation of a court order and he could have you arrested.  If you want to change the visitation, get a lawyer and go back to court.

Answer 4

i think that you need to go to the courts and ask for a restraining order.  Tell the judge that you are very worried and concerned for your daughters well being.  I dont think that without a court order that they can keep him away by law.

Answer 5

You should file in family court a emergency motion to stop visitation but you will have to face the judge about the restraining order..if he is drinking and not safe why are you violating the restraining order..doesn't make sense..if he is truly unsafe around the child..why are you having contact with him..