QUESTION
Can I deny my daughters father visitation based on his criminal record, instability, inconsistency, and non-support?
Asked on Oct 02nd, 2012 on Child Custody - Oklahoma
More details to this question:
My daughter is six. Her father is not on the birth certificate; however, he failed to show up for the child support hearing and is ordered to pay $163 per month. He has never held a job for longer than 5 months, he is a felon with multiple DUI's and is currently in drug court, he has never stood on his own two feet financially, he has ran in and out of her life numerous times and she is now in counseling. I have always been financially stable and now am engaged to a wonderful man who is a great father figure. She is happy and this will only cause more behavioral and mental problems. I know it is illegal to deny him visitation; however, he wants to come and get her with no license or have his wife drive to get her. He is ordered to stay in the county his drug court is through but lives with his wife in another county and wants to drive into a third county (where I live) to pick her up. My daughter has told me he drives with her in the car before and he often has failed his court ordered UA's and has been hauled to jail. This will only further cause my daughter trauma. Is there anything that I can do? Or a loop hole so I don't get into trouble?
1 ANSWER
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If there is a visitation order in effect you should file a motion to have restrictions or conditions imposed on his visitations to ensure the safety of your child. Generally, if he does not have a valid driver's license he would not be allowed to drive her for visits. His criminal history could be a concern to a judge if the cases are relatively recent, especially drug related offenses which remain open such as his pending drug court case. If you are not comfortable with the existing visitation orders you should seek relief in court rather than denying visits in violation of a court order.
Answered on Oct 04th, 2012 at 8:31 PM