QUESTION

Can I refuse my son's father visitation rights till he is a fit father?

Asked on Jan 11th, 2014 on Child Custody - Texas
More details to this question:
My son's father I do now believe is a fit father. He lives in a 1 bedroom house with his fiance and 2 other adults. One of the other adults also has 2 children of his own and has visitations to them. So that means when my son is visiting his father there are 7 people in a 1 bedroom apartment. His father also doesn't have a job or a vehicle. He has a daughter that is 6 months older then our son, pays child support for her but refuses to see her. I am wondering if I can legally keep our son from him till he proves himself a fit father. I want him to have a car, a stable house where my son has his own room and doesn't sleep on the couch and a stable job. Is that possible?
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6 ANSWERS

Initially it is important to know if there is presently any court order in place regarding parenting time between the biological father and the child. If so then you must comply with those orders until the orders are modified. If not then you should make decisions based upon the best interest of your son. The biological father may always file with the court requesting orders regarding parenting time, and even with your particular set of facts there is no guarantee what a judge or hearing officer may order. You should consult with an experienced family law attorney in your area to review all these facts and circumstances, and decide what steps are appropriate for you to take.
Answered on Jan 14th, 2014 at 9:19 PM

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You need to request mediation if you have a custody order. If you were or are still married you should file for.
Answered on Jan 14th, 2014 at 7:50 AM

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Bruce Provda
If there is a visitation order in place, you would have to prove that he is unfit to the court.
Answered on Jan 14th, 2014 at 7:48 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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All you can do is go to court and ask for a custody order that restricts his visitation. Without a custody order, he has the same right to the child as you do. I suggest you talk with a local attorney about the issue.
Answered on Jan 14th, 2014 at 7:48 AM

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Personal Injury Attorney serving San Antonio, TX at Law Offices of James P. Peterson
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Not until you change the court order. But based on the facts you might be able to change the court order.
Answered on Jan 14th, 2014 at 7:47 AM

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Civil Litigation Attorney serving Dallas, TX at Ginsberg & Associates
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You can not withhold visitation if there is a court order granting the father access to the children. you can be held in contempt of court. However, if the situation rises to such a level that the children are in danger then you can call child protective services or the police. Based on the facts you presented you should file a Motion to Modify the Court Order. If there is no court order then you can withhold visitation because there is no set time that the father is entitled to visitation. But by withholding visitation, that will most likely force the father to go to court to get visitation.
Answered on Jan 14th, 2014 at 7:47 AM

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