Visitation and Child Support?

Question

I was granted sole physical custody of my children and the father gets 1 visit a week for now. He wants to take them for the weekend and 1 weekday so we are going back to court next month. He is supposedly disabled so all I'll get is < $100/mo. for both kids. History: Father is a drunk(ignition interlock in vehicle), multiple arrests in the past few years, diagnosed with bi-polar and not taking meds, has anger issues, set his girlfriend's car on fire in front of my house-confirmed by girlfriend through police statement and still under investigation, quit job to get back on social security disability so he wouldn't have to pay child support, most likely is selling his painkillers to make up for paycheck...the list goes on. Yet the judge says that he could take the kids as requested if everything goes well for a month. The guy couldn't even watch my kids when I was around, you think he'd be able to by himself? My kids are 1 and 4. I understand their father should be in their lives but shouldn't he have to straighten out or something first? I don't agree with the judge, what can I do?

Answer 1

You have physical custody. That is in your favor.  There is minimal visitation.  When you go to court, take all the evidence of what you share in your question with you.  Make sure it is heard by the judge.  If you can confirm in writing from a third party, preferably his doctor, that the father is bipolar and is off his meds, do so.  He presents a clear and present danger to your children, especially as young as they are.

As far as child support, it should be higher than $100.  Your children should each be receiving SSI payments directly if he is any degree of disabled.  If he is 100%, that would be in the neighborhood of $264 each.  Do some checking with Social Security.

If he has criminal charges pending, get a copy of the police report to take to court.

Answer 2

Do all you can to encourge the relationship between the children and Father.  Let the father know that if there are some issues while he is watching the children that you would be happy to help him.

Visitation and child support are unrelated issues.

You sound as if you are still in the marriage with your anger.  Think about therapy for YOU.

Answer 3

&quot;what can I do?&quot;

Make much better decisions about who you spawn with.  

Answer 4

You know what...once it goes to court, your children are wards of the state. It doesn&#039;t matter what makes sense to you. A judge is going to make all the decisions unless you can prove that this guy is a danger to your children...the judge will determine what&#039;s best for them. You really have to work at showing that he&#039;s an unfit parent.  

Common sense says that he is clearly a danger to your children. I would never, ever, ever allow that man to see my children alone if I were in your shoes. Drunk, drug addict, setting cars on fire, anger management issues...If you can prove this and show it to a judge...and the judge still allows this man visitation that&#039;s unsupervised....then there is truly no justice in this country.. The courts are so screwed up!

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