He can continue to have that bond and still have some kind of contact with his biological father. Brette's Answer: Unless you have a no contact order, you should be able to have phone calls. If she has not harmed or threatened your child, there is nothing you can do. Unless your parenting plan specifically states that only you can pick up the kids, then anyone you choose or 'designate' can pick them up, transport them to home or school, etc. I think it might be helpful for him to talk with the psychologist, who might be able to help him realize the mistakes he is making. As long as he doesn't do it around the children and does not create an environment that is not safe for the kids, it really has no impact. Specific make-up dates can be scheduled between the parents. Step dad has also recently been charged and sentenced with drug possession. Shannon's Question: Can I stop my ex from having our daughter around his new girlfriend if she has threatened and harassed me? However our younger child goes to see him every other weekend & now she is starting to hate her older sister. ‘An ex-partner is only legally bound to pick up the children for contact and return them back to you if there is a court order in place stipulating they need to do this,’ explains Jane. Michaela's Question: I have primary physical custody of our child but he has visitation. Does he need to have his own car seats for visitation? I asked him not to take them on the freeway with them and he told me I can't tell him where he can and can't drive his kids. How should I handle visitation if he's a sex addict? For example, if your ex arrives to pick up your child and is clearly intoxicated, you do not have to let your child get in the car. My ex is against her playing sports and grudgingly brings her to the games when she's with him. At some point he is going to want to know his father and will find him on his own. Please help me to understand. I understand your concerns about this though. I know he has been driving with her in the car. As they become more accustomed to seeing him somewhere else, the separation anxiety should ease. I would suggest trying to work this out together if you can. Is it considered allowing him access to his son if I let him come to my house to visit or meet in a public place? You don't need an attorney in family court. Brette's Answer: Visitation could be arranged so they are never in the same home at the same time. Â» Return to top. Maria's Question: I am not able to express any more than an ounce of breast milk, and my son never has taken a bottle. You should take a photo of the allergic reaction she is having. Brette's Answer: You need to keep a journal and take photos with a time/date stamp if possible showing the problems. Can he use his visitation to send her to her grandparents? Sometimes he doesn't get them, other times the kids call early and want to come home because they don't like spending time with him. I would suggest trying to talk with the mom in a calm and reasonable way and suggest some short visits. People can change a lot in 8 years, so there is the chance he might be a different person now. It states he has kids from 4-8 on Tues and Thurs and every other weekend from 5 on Friday to 5 on Sunday. If your ex and his wife are interfering with your custodial rights to stay in contact with your child it could be grounds for a change in custody. He allows our son to stay at my ex-mother-in-lawâs home unsupervised. Even though you may have a custody and access schedule, a parenting plan, a separation agreement, or court order that says when you spend time with your child, your partner may not let you see your child. The smoking incident is a serious problem. I think you're right to worry about a pool. It sounds like there is turmoil in your ex's home. This kind of arrangement is actually not unusual, especially in the adjustment period. Brent Rivera gives full control of his dating life to his sister, Lexi Rivera, and it gets CRAZY! Can the custodial parent decide who can visit child while admitted into a hospital? Can a parent keep a child away from the other parent following a divorce? It states in my order no romantic companion at all. It also sounds like he might need some direction about what exactly he ought to do during visitation. Good luck. He only sees her about 2-3 times a week for an hour or two. Brette's Answer: First of all, if he has residential custody then yes you do have to return her to him, unless you can show she would somehow be in danger with him or being with him would not be in her best interests (if he is truly "homeless" that meets this requirement, but if he is just looking for a new place to live and is staying in hotels it may not qualify). Seems like common sense to me. I don't want him having my daughter around his wife. Kelly's Question: My boyfriend has told his wife he wants a divorce, but he continues to go to her house every time his girls cry for him. How is visitation handled if heâs threatened to hurt his step sister? Now I live in Florida and own my own home and am married with two boys. Brette's Answer: Not unless your order requires you to give him the address. Tell him that visitation is very important and you really want to make it work. Your ex has no power to decide anything about your rights. Sometimes, the children in question would rather not spend time with their other parent’s new girlfriend or boyfriend, and any children that they may bring into the equation. It sounds as if he's having a hard time dealing with your remarriage and is trying to use the kids as a weapon against you. Can my ex refuse to let my spouse pick our son up for visitation? People other than parents may have legal authority over a child. Will my custody papers be enforced if he threatens to keep our son? The therapist advised me to keep saying no to parenting time. Brette's Answer: I think the best way to start to deal with this is find a time to talk with your ex. If he cannot pick her up than he loses out on that weekend. Brette's Answer: If the court left it up to you, you should make decisions as you see fit. There are lots of possible solutions. I recommend you get an attorney, but I also recommend you take a deep breath and realize that your ex is going to go on with his life and you can't change that. The Texas child custody process can be a confusing, emotional, and stressful maze to navigate.his blog article is intended to help answer many of the important questions asked by my clients and potential clients such as 1) Where can a new custody case be filed? Sit down together in a friendly way and try to find out what the problem is. Can he get visitation if my ex gives him alcohol? His past domestic violence with you is an issue, but it doesn't necessarily make him an unfit parent. Brette's Answer: If I were the Law Guardian in your case, I would want to find out why she is afraid of him. Who is responsible for supplying medications during visitation? . If you have concerns about his ability to care for her, you need to share those. I think you should encourage him to continue spending time with her. If not, then the Dad can make whatever arrangements he needs for childcare on Saturday.) Brette's Answer: You're going to have a real problem if you allow him to select one child to have a relationship with. I would recommend some therapy sessions to get to the bottom of it and possibly bring Dad into the sessions to try to develop a healthy relationship. Put your foot down and say you will not agree to his requirement that you drive. The judge has already clearly said if you can't agree, you're going to get a visitation schedule dictated by law. You can try going back to court if you want to try something. Get your answers by asking now. Reality of it is, the less you try to control your x, the less issues that will be fighting over. My mother is afraid the courts will see her in a bad light if she refuses visitation rights, but I think it's best if he stops. We are going to court for child support and I have heard that he wants to see his son now. He also refuses to tell me where he lives so I have no idea where they are during the visit. Brette's Answer: If she agrees to visitation, then yes. If he would be safe, then this really should be up to him. Keep a calendar indicating what days he has had the kids and when his scheduled times are, so that if you need to go to court to straighten it out, you have proof of what has been happening. Even moms who are married to their children's fathers often feel frustrated when he doesn't do things in the same way she would. Will I not be able to keep my kids overnight? If he tried to kill her before being born and beat me, why wouldn't he do it now? If they get married, you will have no choice but to let them go, so better letting them get used to her now. Do I have to give him this information? His stupid comments are in fact stupid, but it's not up to you to point that out to him. Brette's Answer: You need to get an order of sole custody so that you can protect yourself. Tell him exactly what you will agree to and remind him that if he does not agree, he's only going to get the minimum visitation. I was delayed at work and asked my girlfriend to help me with picking up my daughter. Tina's Question: I was given full physical custody when my default divorce was granted. It's your right to do so, but she could be around for many years, so the sooner you learn to cooperate with her, the better for your child. Theresa's Question: My son is 3 years old, and I have sole physical custody. He buys gallon jugs of water to cook and fill the toilet with and sometimes to drink. That should be part of the transition. Thank you in advance! You can file to modify the order, asking for the right to contact. I lost custody of my child and didn’t have any representation in 2013 the year she was born. How do I fight back against the false accusations? He has lived out of state since the divorce and we still live in the same area where my family & his family live. Last month I had to get a protective order against him. Expectation of visitation can take a variety of forms or schedules day while you have set. Daughter every other weekend here at her can my girlfriend pick up my child for visitation: our oldest child and court... Got yelled at by my spouse pick our son to the root of the night if parenting... Each summer and lives 5 states away repeatedly not given the inhalers that have spparated/divorced... Know or trust her, but he has friends in his home and all you! 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