Suspended visitaion rights

[czar973]

What is the name of your state (only U.S. law)? IN

my ex's visitation rights were suspended almost 2 years ago. He was taking me to court to get extended visitation and he did'nt show up because of an ongoing investigation of theft. ( he was afraid they would arrest him at the courthouse). that being said his visitation was suspended. He disappeared and was arrested 1 1/2 years later for stealing his mother's wedding rings and pawning them. He recently pled guilty to a class D felony and has a sentencing hearing 1/6/10. He has filed for visitation reinstatement and I have a hearing 12/8/09. On the paperwork though says that NO EVIDENCE WILL BE HEARD What does that mean? I believe that there is still an ongoing investigation for an additions 35K being taken from his mother. Can I continue with suspended visitation?What is the name of your state (only U.S. law)? Indiana

 

[Proserpina]

What is the name of your state (only U.S. law)? IN

my ex's visitation rights were suspended almost 2 years ago. He was taking me to court to get extended visitation and he did'nt show up because of an ongoing investigation of theft. ( he was afraid they would arrest him at the courthouse). that being said his visitation was suspended. He disappeared and was arrested 1 1/2 years later for stealing his mother's wedding rings and pawning them. He recently pled guilty to a class D felony and has a sentencing hearing 1/6/10. He has filed for visitation reinstatement and I have a hearing 12/8/09. On the paperwork though says that NO EVIDENCE WILL BE HEARD What does that mean? I believe that there is still an ongoing investigation for an additions 35K being taken from his mother. Can I continue with suspended visitation?What is the name of your state (only U.S. law)?

You need to continue as things are now until the hearing on 12/8. Quite frankly I'd be tempted to try and postpone that hearing until after he's been sentenced - it makes no sense (to me) to have a visitation order established in December if Dad is going to be incarcerated in January.

(However I could be off track here - stand by for others to respond too)

 

[czar973]

I don't understand it either but what does it mean when NO EVIDENCE WILL BE HEARD. sound even more strange to me

 

[LdiJ]

I don't understand it either but what does it mean when NO EVIDENCE WILL BE HEARD. sound even more strange to me

Does the paperwork state what kind of hearing it is? It may be a preliminary hearing or a status conference. If so, it would not be normal for evidence to be heard there.

I would strongly recommend that you respond to the motion/petition with a motion to continue the case until dad's criminal charges are resolved. It also may be wise to retain an attorney.

 

[czar973]

In a status conference can a judge automatically re-instate his visitation without hearing any evidence?

 

[LdiJ]

In a status conference can a judge automatically re-instate his visitation without hearing any evidence?

That is something that normally a judge should not do without hearing evidence.