QUESTION
Can I keep my son away from his father because of his past?
Asked on Dec 26th, 2013 on Child Custody - Utah
More details to this question:
My son is 7 years old and his father from what I know has been in and out of jail for violence (not towards me) and drugs most of his life. Recently he has been threatening to kill anybody that gets in the way of him seeing his kids period and not caring. He has never paid child support or has never did anything for him but buy him toys. Will this hold up in court?
6 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If you are asking if your fears will hold up in court I believe it would. I would guess a court would allow supervised parenting time.
Answered on Dec 30th, 2013 at 7:03 AM
If you can prove all that you say, you can keep the father of your child away from your child. You can get a restraining order against him, and get sole custody. If he has not seen the child or provided support in 5 years, you can terminate his parental rights.
Answered on Dec 27th, 2013 at 12:35 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You do not say if there is a parenting plan, if you were married to the father or if his legal paternity has even been established. If he threatened you, you can get a protection order. If you weren't married to him and don't have a parenting plan, he is not yet the legal father and therefore has no right to see the kids. Call the police if he shows up at your door. And get him established as a legal father so that his access to the children can be clearly controlled.
Answered on Dec 27th, 2013 at 12:10 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably. But first I would try and obtain a protective order based on his threats. Then if he comes near you, call the police and have him arrested for violating the order.
Answered on Dec 27th, 2013 at 10:28 AM
Bruce Provda
It is hard to tell. Talk to your lawyer about the situation.
Answered on Dec 27th, 2013 at 10:01 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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You cannot keep the child from the father without a court order that authorizes you to do so. To learn more about how to obtain such an order, meet a *good* divorce and family law attorney, fast.
Answered on Dec 27th, 2013 at 9:53 AM