What is the name of your state?MO
My sister left her BF in August, got a protection order for herself, and one for their mutual child as well. The child at the time was 9 months old, and was appointed a GAL. At the court hearing to request the Full order of protection, the lawyers made the following arrangement:
he was to have no contact with my sister or the child EXCEPT for 4 1/2 hours every saturday, to be supervised by the Franklin county chapter of People Against Domestic Violence (PADV). He was ordered to pay $300 a month child support, starting October 1st, AND he had to pay the $5 per hour per parent for the visitations. The GAL was completely against any visitation for him. They dropped the child protection order, therefore, the GAL no longer represents the baby. (her lawyer did not explain that would happen)
Since that time, he was almost a month behind on his first payment, she got half in the middle of the month and the remainder two days before his next was due. He has yet to pay since then. Although he had 4 1/2 hours a week to visit his daughter, he took only two hours every other week. He would always say he had to work and could only schedule for 2 hours. then usually, every other week, he would call last minute and cancel. He did it so often, the PADV office adjusted the visitation to every other week.
Now the PADV office is facing budget cuts and can no longer offer the visitations. He likely only has 1 or 2 left.
number one, once PADV stops, is my sister obligated to continue the visitations with him? She does have a protection order against him, so it would have to be supervised since she can't be there.
My sister's contact person with PADV is dumb. She allowed the ex BF to enter the building at the same time as my sister was there, and continually encouraged phone conversations between my sister and the ex. both of these clearly violate the order. The manager at PADV enforced the order, but she has quit due to the budget cuts. Now the other woman is calling my sister with stories about drug dealers and wife beaters who are allowed unsupervised visits with their children. My sister is scared he will be awarded custody. He had two other children that he signed over to get out of paying child support. he only paid attention to the baby when he was drunk or when he needed to use her to get sympathy from people when they tried to collect money from him. He has never, in a year, referred to the baby by name. he calls her "the baby". his mentally challenged aunt claims that he molested her, and he believes that it's "wrong" for a father to change his daughter's diaper. which tells me he has thoughts he shouldn't be having about his own infant daughter. He has had an opportunity to see her close to 40 hours since the court hearing. he has taken maybe half of that. one time he was so drunk, someone else had to call and cancel the visit for him. He has got in trouble since that time, getting massive fines for poaching. He even called my sister and asked how much it would take for her to drop the protection order so he could get his gun back to go hunting. (already 2 weeks behind on support at that time). He has known drug dealers and users living with him. The house he lives in now was his aunts, and it is nasty due to her urinating and deficating on herself for years. He doesn't want her, he just keeps showing up cuz he thinks he's scaring my sister.
What chance does he have to get custody?
My sister left her BF in August, got a protection order for herself, and one for their mutual child as well. The child at the time was 9 months old, and was appointed a GAL. At the court hearing to request the Full order of protection, the lawyers made the following arrangement:
he was to have no contact with my sister or the child EXCEPT for 4 1/2 hours every saturday, to be supervised by the Franklin county chapter of People Against Domestic Violence (PADV). He was ordered to pay $300 a month child support, starting October 1st, AND he had to pay the $5 per hour per parent for the visitations. The GAL was completely against any visitation for him. They dropped the child protection order, therefore, the GAL no longer represents the baby. (her lawyer did not explain that would happen)
Since that time, he was almost a month behind on his first payment, she got half in the middle of the month and the remainder two days before his next was due. He has yet to pay since then. Although he had 4 1/2 hours a week to visit his daughter, he took only two hours every other week. He would always say he had to work and could only schedule for 2 hours. then usually, every other week, he would call last minute and cancel. He did it so often, the PADV office adjusted the visitation to every other week.
Now the PADV office is facing budget cuts and can no longer offer the visitations. He likely only has 1 or 2 left.
number one, once PADV stops, is my sister obligated to continue the visitations with him? She does have a protection order against him, so it would have to be supervised since she can't be there.
My sister's contact person with PADV is dumb. She allowed the ex BF to enter the building at the same time as my sister was there, and continually encouraged phone conversations between my sister and the ex. both of these clearly violate the order. The manager at PADV enforced the order, but she has quit due to the budget cuts. Now the other woman is calling my sister with stories about drug dealers and wife beaters who are allowed unsupervised visits with their children. My sister is scared he will be awarded custody. He had two other children that he signed over to get out of paying child support. he only paid attention to the baby when he was drunk or when he needed to use her to get sympathy from people when they tried to collect money from him. He has never, in a year, referred to the baby by name. he calls her "the baby". his mentally challenged aunt claims that he molested her, and he believes that it's "wrong" for a father to change his daughter's diaper. which tells me he has thoughts he shouldn't be having about his own infant daughter. He has had an opportunity to see her close to 40 hours since the court hearing. he has taken maybe half of that. one time he was so drunk, someone else had to call and cancel the visit for him. He has got in trouble since that time, getting massive fines for poaching. He even called my sister and asked how much it would take for her to drop the protection order so he could get his gun back to go hunting. (already 2 weeks behind on support at that time). He has known drug dealers and users living with him. The house he lives in now was his aunts, and it is nasty due to her urinating and deficating on herself for years. He doesn't want her, he just keeps showing up cuz he thinks he's scaring my sister.
What chance does he have to get custody?
Accident or not. Nothing is 100%, so she was still considering him as okay as a father to her child. Good choices she makes.