Advice on child custody hearing
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Join Date: May 2018
Posts: 44
Advice on child custody hearing
Does anyone have any input? My AH and I have been separated for 7 months, in which time he spent 30 days in rehab and began drinking again shortly after. He is depressed, has no job, pays no support, makes zero effort other than spending (minimal) amounts of time with our children while they’re at his mothers house with the babysitter (that I pay). He never even returned any signed documents regarding the divorce. We can be civil with each other. I don’t anticipate any drama. I wonder if he will even show up.
My only concern is that I am terrified that a judge will award him extended visitations when I know there is no way he is fit to care for them, transport them, provide for them, etc. But how is a judge to know any of that? It’s basically just my word against his. I do want his children to be a part of his life and vice versa. However, I do NOT feel that it is in their best interest to be under his care for more than saaaayy 6-8 hours.
My only concern is that I am terrified that a judge will award him extended visitations when I know there is no way he is fit to care for them, transport them, provide for them, etc. But how is a judge to know any of that? It’s basically just my word against his. I do want his children to be a part of his life and vice versa. However, I do NOT feel that it is in their best interest to be under his care for more than saaaayy 6-8 hours.
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Join Date: Oct 2013
Location: PA
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Our daughter asked for supervised visitation due to her concerns that dad was not sober and was therefore unable to care for the child (as of the hearing he had not even bothered to buy a car seat, he told the judge he didn't understand why he couldn't just use hers). Our daughter also requested that dad be required to attend parenting classes and either AA or some other recovery program. The judge approved both with the ability to revisit in 6 months. To date dad has only seen the child 1 time while the child was visiting grandma and he happened to stop by. Dad is not sober, has not attended a parenting class or AA and still as no car seat but tells anyone who will listen that we are keeping the child from him.
Sober since 10th April 2012
Join Date: Apr 2012
Location: Perth, Western Australia
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Reneevc, this is a job for a lawyer who will present the facts to the judge. You can help your lawyer by having all your facts and observations ready to go. You need to have neutral observations in place such as Date - AH went to xxx rehab centre; Date - hasn't returned documents; Date - was observed to be under the influence
Your lawyer will put to the court that he has no transport, unsuitable housing etc
That you want the children to have contact but only if he's sober and as that can't be guaranteed, must be supervised.
Have a good look around this forum as there are several posters who have been through exactly this situation and can help you with details.
Your lawyer will put to the court that he has no transport, unsuitable housing etc
That you want the children to have contact but only if he's sober and as that can't be guaranteed, must be supervised.
Have a good look around this forum as there are several posters who have been through exactly this situation and can help you with details.
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Join Date: May 2018
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Everything went quite smoothly. No need to bring up any history as we were able to agree on visitation that I felt comfortable with and have freedom to modify things on our own terms. They also finalized our divorce since we were able to settle things with no difficulty. Hooray!
Sober since 10th April 2012
Join Date: Apr 2012
Location: Perth, Western Australia
Posts: 6,047
Originally Posted by Reneevc 
Everything went quite smoothly. No need to bring up any history as we were able to agree on visitation that I felt comfortable with and have freedom to modify things on our own terms. They also finalized our divorce since we were able to settle things with no difficulty. Hooray!
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