father wants vistation

[dmsp4eva]

What is the name of your state? New york

I was in a relationship with this guy for 2 and a half years.During the past year he had gotten very physical and verbally abusive towards me. I have Numerous Pictures of Bruises he left on me and filed plenty of complaints with the police. I have and order of protection now,which also includes the child that I had had with him Because he was physically abusive towards me in front of her,And put her in jepordy by hitting me while she was in my arms.He is also a avid drug user. Now it's been 2 months since we have been apart, and he now wants to see his daughter. He is asking for visitation to be every other weekend,and every wenesday 5pm-7pm.
I personally don't feel safe letting my daughter go with this guy especially overnight. But i do know that he does have a right to see his child.Is there anyway that I can have the visitation supervised? And if so will there be any hassel in doing so?

Need Help...dmsp

 

[snostar]

Has paternity been established by signing an affidavit of Acknowlegement of Paternity or through the courts?

 

[dmsp4eva]

There was an acknowlegement of perternity signed.

 

[snostar]

Is there a custody/visitation order?

 

[rmet4nzkx]

Do you have a child support/custody/ visitation orders, if not get them and set your terms and ask for supervised visitation and drug testing if appropriate.

 

[dmsp4eva]

I have temporary custudy. I Did go to court on 8/2 and there was a temporary order for visitation made (every other weekend and every fri).
I did not have legal representation at the time. I was hoping for an easy resolution. But he had a laywer and that made things difficult. Now I 'm trying to obtain a lawyer for when I have to go back to court on 8/17.

 

[snostar]

I have and order of protection now,which also includes the child that I had had with him Because he was physically abusive towards me in front of her,And put her in jepordy by hitting me while she was in my arms.He is also a avid drug user.

I Did go to court on 8/2 and there was a temporary order for visitation made (every other weekend and every fri).

Was the judge aware of the Order of Protection when he/she granted the father visitation?

 

[dmsp4eva]

No the judge was not aware of the order. and That was My own fault because I was a nervous wreck.Is there anyway that a letter could be written to the judge explaining this now before my next court date

 

[snostar]

You had your chance on 8/2, how could you forget something so important? Contact an attorney, you may be able to file an ex parte petition requesting the visitation be revoked temporarily. If he follows through with the visitation will he be in contempt of the Order of Protection? You did not include the exact wording of the OP.

 

[BL]

How long was the order of protection for ?

If it's still in effect and the Family Court Judge was unaware of it, At least consult a Family Law Attorney on what could be done.

Those 2 orders would be conflicting with each other.

Also check with the Court to see if they have a Court liaison ( sp) , " an assistant " so to speak, that helps mother's w/ children in domestic violence issues get paper work & actions going . If they do take both those orders in and speak with them. They may be able to help you get this resolved the same day with a Temp. order from the Family Court, upholding the restraining order until further proceedings by the court .

And of course the offenders lawyer didn't bring it up . Was the offender's Lawyer aware of the restraining order ? If so , I'd have his head on a plate .

Personally , If the restraining order was in effect, and the family Court Judge was unaware of, it, I'd stick w/ the restraining order until this can be cleared up. If they file contempt for not allowing visits, I'd use the restraining order as a defense, and say it wasn't brought to that courts attention .

You need to be sure the Judge making the visitation order was not aware of the restraining order though .

 

[dmsp4eva]

The order of protection is for 1 year, which I just got on 6/8 and it includes both me and my daughter, the type of op is a stay away from,me my daughter, my work,my home. And when I had said something to his lawyer about this he had stated to me "well now that there is a temp. order of visitation the op is null and void on my daughters behalf" if those are the words I am looking for.I don't think the judge was aware of the op because she didn't mention it nor did I. I think that i have made a big mistake here by not mentioning it to the judge. This is my first time going threw this and I did not have an attorney with me at the time. I just fear for my daughter,cause what happens if when he gets her this weekend he decides not to give her back?

Very scared...

 

[BL]

Where does the Father pick up the child ?
Is it within the Ft. specified in the Protection Order ?

If so and he shows, stall him and call the violation in. Wait until the police get there ,and have him arrested for the violation.

As I said NY has become tough on Domestic Violence and An agency that helps with these issues have offices or desk at the court houses to help in the processes. I'd check into this if I were you . If the Judge was not aware the OP also included the child, she should be made aware of it.

Was CPS involved at all ? Often times the offending parent of DV against the other adult will still be awarded child visitations , if it's determined they are not violent to toward the child.

It sounds to me though, this should be fallowed up with, if not by the court, a CPS investigation over the OP , to see if the father should be fallowing some sort of recommendations as to Parenting, Etc .

 

[dmsp4eva]

since the father of my child's mother was there and overheard me say that he cannot come pick up my daughter cause she was included in the op she yelled out that she would come to my house to pick up our daughter.

Is it within the Ft. specified in the Protection Order ?

And what does that mean? There was no specific feet specified in the op if that's what u ment. he was just to stay away.

And if he does show up I do have the right to call the police and report it as a violation even though a temporary order was in place?

cps was never involved. he was only violent towards me.but there were times when he was violent towards me while i was holding the child. and as i said before he is an avid drug user. and he has driven wreckless with me and our daughter in the vehical.so is that a reason to get cps involved?

 

[BL]

since the father of my child's mother was there and overheard me say that he cannot come pick up my daughter cause she was included in the op she yelled out that she would come to my house to pick up our daughter.

Is it within the Ft. specified in the Protection Order ?

And what does that mean? There was no specific feet specified in the op if that's what u ment. he was just to stay away.

And if he does show up I do have the right to call the police and report it as a violation even though a temporary order was in place?

cps was never involved. he was only violent towards me.but there were times when he was violent towards me while i was holding the child. and as i said before he is an avid drug user. and he has driven wreckless with me and our daughter in the vehical.so is that a reason to get cps involved?

This is becoming confusing !!

Were the OP and the Temp. Visitation Orders made by the same Court or Judge ?

 

[dmsp4eva]

No they were not done in the same courts. the op was made in criminal court and the temporary visitation order was made in family court. and does his mother have the right to pick-up the child even though the order was for him to pick her up?