QUESTION
Do I have to uphold my ex's child visitation rights if he is unfit and unstable?
Asked on Jun 28th, 2011 on Child Custody - Colorado
More details to this question:
My ex has visitation rights, but has been in and out of jail, on drugs real bad, homeless. We have been divorced for 10 years, in those 10 yrs has never done anything for the kids. Just got disability, living with his sister. Not stable and all of a sudden wants the kids...do I have drive them there if he is unfit, even though our divorce papers say he has those rights?
19 ANSWERS
The standard is the best interest of the children.
Answered on Jul 11th, 2013 at 2:29 AM
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General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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The court order controls unless you modify it.
Answered on Jun 26th, 2013 at 12:54 AM
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If you are truly concerned about the children being in immediate danger of harm you should not bring them to your ex-husband. You should immediately file to modify the original visitation/custody decree to have a court determine what rights he may have, if any, under the new circumstances. You will be required to prove your allegations regarding his fitness or lack of fitness.
Answered on Jul 01st, 2011 at 4:44 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You should file a petition to modify the parenting plan.
Answered on Jul 01st, 2011 at 10:20 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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Generally you would need to follow the order. If there are circumstance that make you think the order should be changed, then you need to go to court to seek a modification.
Answered on Jun 30th, 2011 at 12:22 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You are always at risk when you don't follow a court order. Better to move to modify the parenting plan and seek an emergency ex part order preventing his contact.
Answered on Jun 30th, 2011 at 12:19 PM
In Georgia, if there is a Court order granting someone visitation rights with no restrictions, you can be held in contempt of Court if you do not follow the order. If there is a serious concern as to the children's safety, you must file a modification of visitation action to change the current order.
Answered on Jun 30th, 2011 at 12:02 PM
Patricia C. Van Haren
You should immediately file for a change of custody and visitation based on the changed circumstances. A court may be able to grant emergency orders for you if he is seeking to enforce his visitations. As each case is unique, you should consult with an attorney and request that they review your current visitation orders as well as assist you in obtaining new orders.
Answered on Jun 30th, 2011 at 11:50 AM
William Guy Pontrello
the court order prevails until you petition the court to change it. you could be in contempt for not obeying it until a court determines whether he is unfit.
Answered on Jun 30th, 2011 at 11:38 AM
Bankruptcy & Debt Attorney serving San Diego, CA
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Jackie Robert Geller Attorney at Law
Yes, until you get a modification of the agreement. Talk to a family law attorney near you as soon as possible.
Answered on Jun 30th, 2011 at 11:26 AM
Steven D. Dunnings
You need to file a motion with the divorce court to modify the exiting order.
Answered on Jun 30th, 2011 at 11:22 AM
While no lawyer can advise you to disregard a court order, if you believe the children would be placed in a position of physical danger, do what you must - but be prepared to explain it to a judge. Meantime - and quickly - secure counsel and file a motion seeking to alter the visitation order on the basis you describe.
Answered on Jun 30th, 2011 at 11:16 AM
Glen Edward Ashman
A very good way to lose custody or even end up in jail is to defy a court order. You MUST do what the decree says. (Unless it says you have to bring him the kids, he has to come get them). Given his history you may want to petition to modify visitation. To do that step one is get a good lawyer. When and if visitation is changed, your potential problem is possibly solved.
Answered on Jun 30th, 2011 at 11:16 AM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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The rule is a person always has to comply with a court Order until the Order is modified. You can file a motion to modify the Order and the Judge will do so if he or she deems it is appropriate to do that.
Answered on Jun 30th, 2011 at 10:39 AM
From your question, it sounds like there is already some sort of court order or parenting plan in place specifying "custody" and "visitation." Until the court changes that, that order is what you are stuck with. However, if your "ex" is really as big a danger to the children as your brief description implies, you can probably get a court to change that order. My advice, therefore, would be to hire an attorney and get back into court as soon as you can.
Answered on Jun 30th, 2011 at 10:23 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You should file a supplemental petition for modification of your current timesharing based on the change of circumstances that no longer makes it in the children's best interest to spend time with the father. Technically, you have to uphold the court order; otherwise, you will be in violation and subject to contempt and sanctions. However, if you have genuine, legitimate fear for the safety and well being of the children and can adequately prove your case in court as to why you are denying the contact and that it was necessary to protect the children, then you shouldn't get in trouble for denying contact. Be very careful though, as you must be able to prove the legitimacy of your fears. Perhaps you could request that the sister supervise any timesharing and that would be an adequate safeguard for the safety of your children? Just a thought.
Answered on Jun 30th, 2011 at 10:19 AM
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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The best thing you could do is to go to court to modify the order requiring you to take them to visitation so that you do not face possible contempt charges. As a general rule if you think that your children's safety is at risk because their father is under the influence of drugs or alcohol you may not need to have them go with him at that time, but you still would risk him possibly bringing you to court for violating a court order. You should contact an experienced family law attorney in your area to discuss your options more thoroughly.
Answered on Jun 30th, 2011 at 10:17 AM
You would need to file a motion for supervised placement given his history after divorce, and request an immediate order pending that motion. We have handled these types of situations. I'm not sure where you are located, but we have 3 offices.
Answered on Jun 30th, 2011 at 10:16 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You are required to comply with existing court orders and failure to do so exposes you to the risk of being held in contempt of court, if your ex chooses to complain to the court. If you do not believe the existing court order is still appropriate, you should take action to request the court to modify it to deal with the current circumstances. If there is an imminent threat of harm to the children, the court can temporarily suspend the father's parenting time rights until a full examination of the situation can be completed.
Answered on Jun 30th, 2011 at 10:16 AM