Joint Custody/House Arrest

[jam12]

What is the name of your state?What is the name of your state? MA
Please help me, I just found out that my daughters father has been placed under house arrest for 90 days. What are his limitations and what can I do as far as legally getting his visitations cut down. I know that our court order now has been more than not taken seriously by him, so now does that mean that I have to pick up/drop up and cater to his every need b/c of this? Please help, I need to know quick so I can get myself in order and together. Thanks, jam12

 

[Reyna7]

Question

I just found out that my daughters father has been placed under house arrest for 90 days. What are his limitations and what can I do as far as legally getting his visitations cut down.

How old is the child/children? Was this a serious offense? What do the kids want? Do they want to see their Dad? Do the kids want to go see dad? Will they miss him if not allowed to see him for 90 days?

I am not a laywer, but I can tell you what I would do. If it was not a serious offense and ending in 90 days (in some courts it could take longer to see a judge) then I would step up to the plate and take my kids to see their father and spend a weekend with him. It is not about "getting his visitation cut down", but of fostering a relationship between your kids and their dad.

Good Luck

 

[BelizeBreeze]

What is the name of your state?What is the name of your state? MA
Please help me, I just found out that my daughters father has been placed under house arrest for 90 days. What are his limitations and what can I do as far as legally getting his visitations cut down. I know that our court order now has been more than not taken seriously by him, so now does that mean that I have to pick up/drop up and cater to his every need b/c of this? Please help, I need to know quick so I can get myself in order and together. Thanks, jam12

It means that if you do anything to curtail his visitation regardless of the circumstances without returning to court for an amended order (and, with only 90 days of house arrest, it's doubtful) then you will be found in contempt of a court order.

So, want to play power games and be bitten in the ass or not?

 

[LdiJ]

It means that if you do anything to curtail his visitation regardless of the circumstances without returning to court for an amended order (and, with only 90 days of house arrest, it's doubtful) then you will be found in contempt of a court order.

So, want to play power games and be bitten in the ass or not?

Ok, I am not asking this question to argue or to encourage her to violate the court orders...I am asking this because I am interested in the answer.

Lets say that the orders state that dad must pick the kids up at the start of visitation, and dad doesn't have anyone that could pick them up on his behalf...and can't arrange to be permitted to do so himself (or got his license yanked too).

Would mom actually BE in violation of the order if she didn't provide the transportion at the start of visitation? I know that she wouldn't if dad simply refused to pick the kids up....but would it be the same in this scenario?

 

[BelizeBreeze]

Ok, I am not asking this question to argue or to encourage her to violate the court orders...I am asking this because I am interested in the answer.

Lets say that the orders state that dad must pick the kids up at the start of visitation, and dad doesn't have anyone that could pick them up on his behalf...and can't arrange to be permitted to do so himself (or got his license yanked too).

Would mom actually BE in violation of the order if she didn't provide the transportion at the start of visitation? I know that she wouldn't if dad simply refused to pick the kids up....but would it be the same in this scenario?

Because she has knowledge of the reason why dad can't complete a 'portion' of the order and it is not within his purview to do so, yes, she could be found in contempt. It is an overt act on her part to supplant the order.

Remember, it's dad's priviledge but mom's requirement.

So, I would strongly suggest mom do what she can to affect visitation. Because it's not always going to be so one-sided and sometime in the future mom is going to need daddy's help.

 

[jam12]

joint custody/house arrest

How old is the child/children? Was this a serious offense? What do the kids want? Do they want to see their Dad? Do the kids want to go see dad? Will they miss him if not allowed to see him for 90 days?

I am not a laywer, but I can tell you what I would do. If it was not a serious offense and ending in 90 days (in some courts it could take longer to see a judge) then I would step up to the plate and take my kids to see their father and spend a weekend with him. It is not about "getting his visitation cut down", but of fostering a relationship between your kids and their dad.

Good Luck

My daughter is 2 years old...I wouldn't say she knows much of a difference, yes, she knows who dada is, but would it affect her as if she were 10, no. I am so stuck, it's been an ongoing offense such as being a minor drinking alcohol, dui, assault & battering a cop...oh it goes on and on. No offense, but you have no idea what I go through w/ this kid, he skips out on visitations, doesn't come with it when he should and all around is not decent. The most my child will gain is how to drink booze and assault people if she continues to see him.

 

[jam12]

joint custody/house arrest

Ok, I am not asking this question to argue or to encourage her to violate the court orders...I am asking this because I am interested in the answer.

Lets say that the orders state that dad must pick the kids up at the start of visitation, and dad doesn't have anyone that could pick them up on his behalf...and can't arrange to be permitted to do so himself (or got his license yanked too).

Would mom actually BE in violation of the order if she didn't provide the transportion at the start of visitation? I know that she wouldn't if dad simply refused to pick the kids up....but would it be the same in this scenario?

I am not saying that I want to go on a power trip, I just want what is best for my child... he is obviously under house arrest because he has majorly screwed up time and time again, not because he was a decent human being...the laws of this world are so screwed up...its up to me to protect my daughter and people in this "court system" do not allow you to do so!!! IT'S SO AGGRAVATING!!!!

 

[LdiJ]

I am not saying that I want to go on a power trip, I just want what is best for my child... he is obviously under house arrest because he has majorly screwed up time and time again, not because he was a decent human being...the laws of this world are so screwed up...its up to me to protect my daughter and people in this "court system" do not allow you to do so!!! IT'S SO AGGRAVATING!!!!

Well...based on the reasons WHY he is on house arrest....you could try an emergency petition to suspend visitation. I have no idea if it will work on not, but with the kind of charges there are against him it might. I am surprized he didn't get worse than house arrest for assault and battery on a police officer.

 

[Reyna7]

Correct

No offense, but you have no idea what I go through w/ this kid,

You are correct, I have no idea what you go through and not knowing the age of the children, nor the situation I based my answer on what I would do because my kids are older. I also based my answer on if the kids wanted to go see dad. If Dad is going to continue to see her after the 90 days, I would go see about the supervised visits, only because of the DUI's and God forbid he does that with her in the car.

 

[stealth2]

3mos is a long time for a 2yo not to see a parent - and potentially MORE damaging than to an older child who can talk on the phone, read/write letters, send email, etc.

In addition, if he's under house arrest - he's likely not driving anywhere, so the DUI at this point is moot for visitation.

Lastly, and to be frank, perhaps since you've had so much trouble with this "kid", you should have chosen someone more mature to have a child with, no? Too bad the kids have to suffer for the choices of their parents.

 

[jam12]

stealth2

In regards to your post, I do not think that you have any right to say such things as you did. You have no idea what goes on in peoples lives or have any right to judge peoples actions/mistakes. People change as my daughters father did and has, it wasn't always like he was a jerk, so before you make a judgement about me and my life, step back and think and realize that I am sure you have made many errors in your life. I am thankful for my daughter and provide her with everything I can and do everything for that little girl, no it's not her fault that her father is a jerk, but she has a very good mom who will always be here for her!!!

 

[stealth2]

That's where you're wrong. If her father is young enough to be getting MIPs, he is WAY too young to be the father of a two yo.

 

[jam12]

stealth2

Ok, I am going to be very "frank" as you put it. I am not looking for a damn lecture on my life, I came onto this site looking for positive feedback, not someone to think that they can lecture me and think that they are perfect as well as their life is perfect or think that they are better than me. Yes, maybe he is too young, I seem to think you in this situation probably would have opted to have an abortion or make the other person abort the child. I chose to step up and take care of my child, I gave up everything for her and will always continue to do so. Keep your snide and cruel remarks to yourself b/c as I recall, my question had nothing to do with whether I thought he was to young, stupid, or whatever, I already knew that, so if my question pertains to that in the future, please feel free to respond to that one with you "I am better than life remarks"

 

[stealth2]

No, your question had a lot to do with reduce his time with his child. The child you CHOSE to create with him. Unfortunately, you don't get to decide after the fact that he's not a good Daddy. Don't like the lecture? Oh well. Next time choose more wisely - then lectures won't be necessary, will they?

 

[jam12]

stealth2

Again, as I said, obviously you think you are perfect and have never made a mistake in your lifetime...which is fine...you can be ignorant and rude. That is your choice that you have made. As far as saying that I chose to have a child with him, have you ever heard of oooops...didn't think I was gonna get pregnant, even when precautions are used so get off of your high horse and please stop replying to me b/c you are wasting my time and I could care less about what you have to say going further. You have been of no help to me.