Can I ask for no visitation for my husband?

jed

I do not know what state you live in. I have been a legal secretary for 12+ years. And I am a single mom.

1. Yes you can but you have to have cause. Is he a drunk who jollies about town with kids in tow while wasted? Any DUIs? Any history of police calls regarding domestic incidents? Even better: Any arrests for his behavior? You have to have a pretty good reason -- not just that he doesn't visit now. Find him teetering on unfit parent and he would have to troll to a "safe" visitation area for monitored visits.

2. If he doesn't pay court ordered child support, there is a time clock. Every state is different. Here, in MN, they have 60 days before the collection process starts. By ninety days, the county attorney can file the motion for contempt and haul him into court. After so many months, they lose their driver's license, tax refunds get intercepted, etc. He would be a moron to not pay his child support. That debt is NEVER forgiven through bankruptcy even. It accrues every month and as sad as it may seem, non-custodial parents who don't pay their child support are the lowest of the low. Kids gotta eat!

3. She has no rights to barge in your house. She can barge into her son's house. God, what is that all about. I seriously had to do a "safe" exchange for visitation with my nutty ex at the POLICE station. Yes, I did. Had to make sure he was not swilling and driving.

Hope it works out.

****edit: I just read that someone was giving you advice to have his parental rights terminated. In SOME states, you cannot do that if you are single. If you remarry, then yes. But here in MN, a guy cannot just sign away his rights because he doesn't want to be a father UNLESS there is someone else that will adopt the child (step-parent adoption) or come to the plate.*****

Me and my shadow

Your husband is the one that is suppose to pick up the child not his mother. Let the judge know that you would like your ex to pick up the child and not his mother,

Liz

First I do not think the judge will say the father can not have visitation. It usually is only in extreme abusive cases that this happens. You can request that the father only pick up the child & that he can not be permitted in your home. You could bring the child out to the car for example.Have the child support be sent to the courts.Then they in turn send it to you.That way there is a record for when he does not send it. You will get action faster that way.If he continues not to pay they will garnish his pay,intercept his tax refunds & send the money to you or put him in jail. But believe me it is best if he pays the money to the courts, or the state,who ever handles it in your area.Good luck!

Smiley

It never hurts to ask, but I would see if you can get him to sign off himself and forgo child support if he does. It sounds like you will be really fighting the MIL, not your estranged husband.

It sounds like a smart idea especially seeing that it sounds like he would gladly allow if not to pay child support which is won't pay if he on the hook unless forced later on. It might take your MIL out of the picture as well, unless she is in on everything. It might be more her show then his.

Then if that does not work out, ask the judge. Tell him you have concerns as demanding and forceful as the MIL is, she might take your baby away from you and disappear. Talk about how she stormed into your home.

I hope that you have an attorney who can help you though this.

johnnysunshine11

You can certainly ask. Apparently you married a real class act there.

Katie

You can ask, but because he does visit occasionally, you will have a hard time getting it. If he doesn't pay child support (if this is already in place, why are you going again?) they can withhold it from his check. And you don't have to hand your baby over to the grandmother...she has nothing to do with your custody arrangement.

ragdoll1959

grand parents have rights too,so don't harbor hate when alls she wants to do is love that child.Go for full custody and short visitation. If you act like a bit^^ in court the judge will punish you! so act like a responsible adult who is thinking of her child.

All that Glitters

YES!

pearl_hoff

yes you can

donotbuyakia

The judge will be seriously concerned that you allow someone to barge into your home and take your baby. It makes it questionable as to whether you should have custody if you have so little control over whom enters your home.
You can not get a no visitation order. You are showing some very vindictive behavior here, which is not good for a parent. You need to adjust your thinking quickly, or you can kiss your baby good bye.

Myth_Understood

How about this: Since he is showing no interest in the baby (whom I'll call Jane), why don't you ask him to sign away his parental rights to her so that you don't have to worry about dealing with him ever again?

He is an absentee parent. Why play the charade ? He isn't giving you child support, so that isn't likely to change. If he signs away his parental rights, you will be free of him AND his mother FOREVER. You can move, you can marry someone and have the new man adopt her without hinderance. You can have a life free of them both, which sounds like the ideal situation to me. The judge can hand down a ruling making him pay child support, but he can't force him to be a good father to Jane.

However, you can ask for whatever you think is in Jane's best interest when you get to court. If you husband won't pay child support after it being ruled by the judge, the court will garnish his wages and tax returns and you will have to file papers for that (should it happen). AS for his mother, you can get a restraining order against her, and it sounds like a wonderful idea to me. Next time she shows up and tries to barge in, call the police for breaking and entering, and then get the restraining order after it is on file that she tried to force her way into your home.

Him singing away his parental rights still seems the best solution.

Best of luck !!

queenjeanarlene

You can ask. Make your case in as calm and rational way possible.

Stephen K

You can request that since he doesn;t come to visit the chiold, you wish to exclude him from this.

as to child support, his wages can be garnished for that

as to the "nutty mother", let the lawyers wrangle that one out

ladyren

First, you don't have to allow your soon to be ex MIL into your home. What ARE you thinking, and why ARE you allowing it???

Secondly, you can ask, but you likely won't get it.

You can, however just not be conveniently available when it is likely the two of them may show up.

He can ask for visitation priv. and you can agree... but you just aren't there when they show up.

How sad for them, huh??? lol.

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