Hi, my name is Kari and I am new to this sight.
My son, Jacob, his dad is taking me to court to get visitation. So far we have gone to court once. Let me remind you that I was not represented by anyone because I got served 2 day prior to the court date. We had a crimial judge, not a family judge, so I got screwed. He is allowed to see his son every other weekend from 9-6. Last weekend was his first weekend. He picked him up late on Saturday and dropped him off early. I found out the reason he dropped him off early is so he could go to the horse races and gamble and drink. Then Sunday he thinks he can come early but I won't let him. Then he drops Jacob off early again. His court orders state that he is NOT allowed to consume alcohol with in 24 hours of having or in possesion of Jacob. He broke that one on day 1. The orders also state that he is NOT allowed to smoke when he is in possession of Jacob either. He broke that one on day 1 and on day 2. The first day he brings his girlfriend and his roommate to pick Jacob up. He didn't put the carseat in right and didn't even sit with his son on the 2 hour car trip to his aunts house. Instead his roommate did. He has addmitted all of this to me and didn't think that he broke his orders. What a jerk. My son is 6 months old. We go to court again in 2 weeks. I am trying to get his visitation taken away. Is this a good idea?? If not taken away then supervised visitation. Also the court ruled that he is allowed to have Jacob for one month during the summer time, my son is too young to be taken overnight and I thought that visitation laws for children under the age of 3 was different. Can someone please help me on what to do?? Thanks for you help.

Kari

Under the age of three, it is up to the judge's discretion. There are no guidelines. The judge is writing his own script.

You can not get visititation removed due to a father's lack of experience. Neither can you get supervised visitation. You might be able to put more restrictions on his visititation though. And the fact that he's already shown contempt for the orders does not bode well. Since he's showing a lack of responsiblity for the child, and endangerment of the child, you might be able to take the overnights away.


Have you gotten in touch with the Texas Office of the Attorney General? They handle my case for me. I always have an attorney supplied by there office who oversees my case. Now, they only take care of the child support side. They will consult with you the day of the hearing to help arrange visitation, but that's not what they are there for.

Thank you for your quick response. I really do appreciate it a lot. By the way you have beautiful children.

He doesn't get overnights as of now. I made sure that didn't happen. I have an attorney that is truly poed right now at the courts. It is great. Is there any way that I can get him to take a parenting class? I wouldn't mind taking one also if need be. I just want what is in best interest of my son. Honestly his father is not until he (the father) grows up some more.
The next morning when I woke up to go to work, and woke my son up he just clinged to me and wouldn't let go. I guess he thought that he was going back. Then when I picked him up from daycare and brought him home he wouldn't let go of me again. I am just worried for Jacob's sake. He has never been that clingly to where he doesn't want to let go.
Please tell me there is something more I can do for my son??

Parenting classes are an option.

Supervised, supervised and once again supervised. I have a four month old daugther and will NOT ALLOW her dad to take her alone w/out me. He has a drinking problem among other problems and I don't trust him one bit. I'm in the same postion as u. When we go to court for visitation its my way or not way when it comes to seeing my daughter. We have talked about it and he know that if he wants to see her he has to have supervised w/me.

Its so hard and push for supervised visits b/c u don't want something really horrible to happen for ur son. I see no reason y u can't force him to see ur baby w/u there to make sure things r ok.

Its tuff but hang in there and fight for ur son b/c u r the onlyone that can stand up for him.

HUGS and feel free to PM if u want.

SPIRIT

Supervised in TX is hard to get, really hard. I've looked into it. Your best option is to ask for no overnights. Have to show supporting documentation as to why. Bedding situation is good, too many people sharing the room might be another. Also, restrict who can be with him while he's on visitation. Restrict his visitation. Things like he can't have his girlfriend around when he has your son. Have to show reasons, can't just be you don't like her. How is she a danger to the child. If you want to get into this in detail, I've done lots of research as of late. PM me and I can give you some advise, though it will never be enough because I'm not a lawyer.