Will these affect the child visitation rights in court?

Question

My childs father was a horrible father when we were together. now out of spite he wants to see our daughter im not even sure if she would remember him. do this things matter when we go to court?

-house is filthy as in trash everywhere,too many animals that dont get cared for,horrible smell, mold growing in sink on dishes

-smokes marijuana everyday

-no job

-doesnt pay child support

-bi polar and refuses to take meds

-has been to psychward multiple times

-was very abusive to me

-his mother is on mental pills for depression and has back problems that limit her to helping him with my child

do any of these matter? i just dont trust him with our daughter. there are plenty of times he abused me while i was holding our daughter and i just feel like if he was to get upset with her and whatnot that he might hurt her as well.

also does anyone know what i can do about supervision if i have to let him see her? like is there a way i can get professional supervision?

Answer 1

Yes, they matter!  Ask your lawyer to get a guardian ad litem.  This is a lawyer who is representing the child and will look into these allegations.  The court will take them seriously but be aware that anything they order him to do (psych eval, house visit, drug test, etc), they will ask you to do too.  So make sure your own life is pristine with no ammo he can use against you.

The judge will weigh a lot of the recommendations and the guardian's holds great weight.  If you're telling the truth (I believe you are) then it will come out.  He can clean his house but he won't be able to ignore witnesses who can testify what they saw.  Start now getting neighbors and friends on your side.  Tell them to do it for the child, not you.  That usually works with most people with any heart.

Answer 2

Definately....however, he will get supervised visitations with someone from family court for a few hours....

Answer 3

You need a good family attorney that can bring these issues up in court. They might be able to get supervised visitation.  

Answer 4

You definitely need to bring these issues up with the judge.

Ask that a drug test is performed on him, too.

I wish you luck.

Answer 5

Wow... our ex sound alike!!!

He was a drug addict who couldn't hold down a job, doesn't pay his CS, is also bipolar and refuses his meds, has been to psych about 5 times in the last 5 years.. etc etc. Wow! haha.

He is supposed to now be drug-free, and has held a job for the past couple of months, but still...

I didn't want him to have unsupervised visits, and he knew full well that if we go to court, I win hands down so... He agreed to sign a custody order that says he has only supervised visits for X number of mnths, has to take an anger management class, and that his live-in gf (who he said would beat me up with a piece of wood if I go to pick up my child's shoes at their place when they brought him back with no shoes) and his dad (who has never even changed a diaper, after 2 kids of his own and 4 grand-children) CANNOT be the one doing the supervising.

So yes, based on the information you've given, you CAN ask for supervised visitations. I didn't let my son out of my sight until he agreed to the supervised visitation, and I had the support of child services who told me it was my duty to ensure my child's safety!

Good luck!

Answer 6

It would be very scary if these things didn't matter. I would talk to your attorney or judge in the case and make sure all the facts are known.  

Answer 7

All of that matters, and you do need professional supervision if and when he's allowed to see your daughter.  You need help with this, so if you don't have the money for a lawyer, call Legal Aid or Volunteer Lawyers.  The more evidence you can show the judge about his being bipolar, psych commitments, etc. the better.  A lawyer can help you get these records.  

His time with her, if any, should be very very limited.  

Sweetie, whaaaaat were you doing with this guy?  You may have to explain why you were with him, because in the court's mind, Snow White never marries Hitler.  

Good luck--I hope everything works out for your daughter :-)