QUESTION
Do I have the right to refuse my daughter's fathers right to see her?
Asked on Jan 13th, 2015 on Child Custody - Wisconsin
More details to this question:
My daughter’s father is in the process of being charged with 3 drug felony I, and 2 misdemeanors. 1 felony is in possession of less than 200 grams of pot. 1 felony of manufacturing a drug trafficking house, 1 felony intent to sell less than 200 grams of pot. And caught with 2 pot pipes. I heard that I have the right to refuse to let him see my daughter, is that true?
2 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I'm afraid you have not provided enough information for a lawyer to give you an informed response. First of all, is there a court order providing for any periods of placement for the father? If there is, then you should go to court and request a modification of the placement order to either reduce his time, or perhaps to permit only supervised visitation until the criminal charges are resolved. Courts are reluctant to cut off all placement between a parent and a child. If there is no court order now in effect, then you can make any reasonable rules or restrictions which are in the child's best interest. Good Luck.
Answered on Jan 14th, 2015 at 10:44 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If you don't follow the court order you could be subject to contempt of court; however, if you believe your child's safety is at risk you have the right not to send her but you will have to convince the court that your actions were necessary and appropriate.
Answered on Jan 14th, 2015 at 10:24 AM