Hello:
If you have joint custody, there is probably a schedule set out in the order that states when the visitation with father is supposed to take place. If you feel like it is no longer in the best interest of the child to have visitation with father, or would like to limit visitation, you should file a motion for an amendment (change) to the current custody order. You will need to prove that there has been a material change in circumstances that justifies the change. But if this type of incident is a new development you should have no problem proving that. It also sounds like father may not challenge the amendment based on his statement.Typically when the two parties are in agreement on something, the courts have no problem granting it.
Despite whether you have a custody order in place or not, you have the right to seek a protective order. What this means is that you can go to the office of the magistrate in your county, explain the situation and if they feel like your child is in danger, they may grant an order barring his father from contact for a period of time. This is another avenue you can pursue if you feel that it is necessary to protect your child.
Answered on Oct 26th, 2011 at 7:54 AM