attn:legal beagle

Hi,
I live in va. my husband commited adultery-now lives with girlfriend. anyway we have almost 3 year old daughter. he and i made up a visitation agreement until we went to court in march and both signed it. the judge even has copy for the record. he has violated it 10 times since feb., not showing up, not having clothes for her if she soils them, instead puts girlfriends daughters clothes on her. we went to mediation i don't want him to keep her overnight. i went to parenting class, he didn't. do u think judge will take into consideration the violations of temp visitation agreement and rule not to have overnight visits. plus he moved without notifying me and court.thanks

[LegalBeagle]

Originally posted by trishaj1
Hi,
I live in va. my husband commited adultery-now lives with girlfriend. anyway we have almost 3 year old daughter. he and i made up a visitation agreement until we went to court in march and both signed it. the judge even has copy for the record. he has violated it 10 times since feb., not showing up, not having clothes for her if she soils them, instead puts girlfriends daughters clothes on her. we went to mediation i don't want him to keep her overnight. i went to parenting class, he didn't. do u think judge will take into consideration the violations of temp visitation agreement and rule not to have overnight visits. plus he moved without notifying me and court.thanks

From the little detail I have before me, I do not see anything that would have a judge stop overnights. You state this is only a temp order? When do you go back to court? You should be documenting all of your concerns for your next court visit. Think about putting a time clause into the agreement.. ie, if he does not confirm the visitation 24 hours prior, then the visitation is cancelled etc... Inform the judge that he has failed to take the parenting class, some judges will stop all visitation until that class is taken.

ok. We go back on May 20. He abandoned us in November literally did not tell me he was going to do it. he got caught and hit me in front of our 3 year old has to take anger management and probation for a year. he had not contact with our daughter for a month and a half, held 2 jobs and did not offer any support. I wrote visitation agreement after he sent daughter a coloring book and sit and spin toy and requested to see her. I have not once denied him of seeing her. a couple times he has called me in morning before work and asked if he could see her that same day and I have obliged. I have a diary of our conversations visit days, him not showing up, etc. Plus the judge told us that we have to inform the court and each other 30 days in advance of moving and sending us a letter saying the same thing. My husband has moved 2 times without informing me within 5 months. He lives with his girlfriend in section 8 housing after I wouldn't let him come back. He has shown up for pick up with no car seat-his girlfriends 3 year old rides without one when our daughter is with him-he told me our daughter could sit in back because where he lives isn't even 10 min. away, I gave him my car seat. So if I have all this documented, his proof of moving=which he had moved again when we went to court 1st time I found out later, he lives with his girlfriend who he commited adultery with. He told judge he would rather me have sole custody-because that would be he would have to take care of our daughter and his girlfriends-too much responsibility.
I just want no overnights until she is 5, then he either will be in jail, dead, or skipped town-not tryng to be mean, but tht is his pattern. So keep documenting everything?thanks

[LegalBeagle]

Well, you have enough issues to concern a judge. you might be able to get what you want depending on the judge. Do you have an attorney? In all states that I know of, a child under 4 must be in a properly installed child car seat. I would have sent him away and refused to allow the child to go.. since he is going to be seeing the child often, he should purchase his own.

Hello again.
Part of visitation agreement included he was to provide own car seat. Easter, he had a different car and said other car had to be towed and left car seat in it. He didn't start acting up and not following visitation agreement until literally the weekend after court-the judge was so impressed with him instead of 160.00 for child support he has order 240.00 a month-because my husband left a good paying job and then told judge (while wearing name brand everything) that he really couldn't afford to pay a lot of money at the moment. And judge ordered him to pay me alimony for a year and one month-husband was threatened with contempt for acting up. yes to the attorney question also, thanks for your help and quick responses.