Visitations...

[amberlea434]

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

I've previously posted a few questions about my SIL in the Juvenile Law category, but I figured this next question needed to be posted here. Here's the link for the thread for background info...

https://forum.freeadvice.com/juvenile-law-90/child-abuse-charge-question-353568.html

My SIL finally divorced the guy that had abused her now 6 year old son. Her visitations with her son were reduced to 4 hours supervised visitation a week until she got divorced. She never went back to court to try to get her EOW visitation back and is now just taking her son sporadically at the child's father's discretion.

She is now living in low-income housing with her now 3 year old daughter and 1 year old son, neither of which have anything to do with their father's because she doesn't know who they are...

We, now, believe she's on the verge of making a huge mistake.

She "met" a guy online and he is planning on moving to TN to be closer to her. She has never met him in person and doesn't even know his last name. What she does know is disturbing. He, apparently, has a violent past. He has been to prison for assault for beating up somebody. And she now wants to bring this guy around her children...

The 6 year old's father is, obviously, terrified seeing as he's already went through a situation where his child was in danger because of a guy she's seeing.

I'm, basically, trying to get some legal facts that I can throw at her to make her realize the weight of the decisions she's making. Will her being with a guy that has a criminal record keep her from getting her overnight visitations with her son back? Will she get visitations taken away completely? Any legal advice, opinons, etc, will be extremely helpful at this point.What is the name of your state (only U.S. law)?

 

[Ohiogal]

It is very likely that she will never get overnight visits due to the fact that her judgment is horrible. It is also possible that she could lose custody of the two children that are with her. She doesn't know who their fathers are? That will not prevent her from losing custody. She needs serious counseling and to quit getting with guys.

 

[amberlea434]

It is very likely that she will never get overnight visits due to the fact that her judgment is horrible.

I figured as much, and that's going to be the best thing for her 6yo. Will Dad need to wait until this guy moves down and take her back to court to modify the order? Or can he leave it as is, which it already has her with supervised visitation which is contingent on her getting a divorce (she did) but it never got updated...

It is also possible that she could lose custody of the two children that are with her.

Will this happen through the state?

She doesn't know who their fathers are? That will not prevent her from losing custody.

Until very, very recently, she didn't know who the father of her 3yo was. She get's state assistance (foodstamps, wic) and the state found out she wasn't getting child support for the two kids she has custody of. They forced her to find out who the father's were. She gave them names of who she thought and the state sought them out for DNA testing. The name she sent for the 3yo was right, but the name for the 1yo didn't match up.

She needs serious counseling and to quit getting with guys.

I agree about the counseling, I'll be sure to mention that to her.

Thanks OG.

 

[Ohiogal]

I figured as much, and that's going to be the best thing for her 6yo. Will Dad need to wait until this guy moves down and take her back to court to modify the order? Or can he leave it as is, which it already has her with supervised visitation which is contingent on her getting a divorce (she did) but it never got updated...

He can leave it as it is and when she takes it back to modify to prove she got a divorce, he can bring up bad judgment with this guy due to the violence there.

Will this happen through the state?

Yes the state could step in and take custody. Or family members could step in and attempt emergency custody.

Until very, very recently, she didn't know who the father of her 3yo was. She get's state assistance (foodstamps, wic) and the state found out she wasn't getting child support for the two kids she has custody of. They forced her to find out who the father's were. She gave them names of who she thought and the state sought them out for DNA testing. The name she sent for the 3yo was right, but the name for the 1yo didn't match up.

However that is more bad judgment.

 

[amberlea434]

Thanks for the help, OG. Hopefully, this will be enough information to make her think more clearly.

 

[amberlea434]

One more question...

How would the state step in and take custody of the 2 kids? Would somebody need to call CPS? If so, how would we prove this guy is a potential danger?

 

[Ohiogal]

One more question...

How would the state step in and take custody of the 2 kids? Would somebody need to call CPS? If so, how would we prove this guy is a potential danger?

You could request that the state mom moved to with boyfriend do a well check. Also you can report that mom is endangering her children due to the fact that she is meeting a man with violent tendencies.

Does your sister have a mental health diagnosis?

 

[amberlea434]

You could request that the state mom moved to with boyfriend do a well check. Also you can report that mom is endangering her children due to the fact that she is meeting a man with violent tendencies.

And they will look up his criminal record and see his checkered past? I just hope they're willing to do something about it before it's too late for those kids.

Does your sister have a mental health diagnosis?

No, she doesn't. She does need to see a professional, though I highly doubt she'd do it willingly. She doesn't think there's anything wrong with her.

 

[Ohiogal]

And they will look up his criminal record and see his checkered past? I just hope they're willing to do something about it before it's too late for those kids.



No, she doesn't. She does need to see a professional, though I highly doubt she'd do it willingly. She doesn't think there's anything wrong with her.

If you report that she took her children to meet and stay with man who has a violent criminal pass who she doesn't even know, they very well may and/or SHOULD check into his past.

 

[amberlea434]

If you report that she took her children to meet and stay with man who has a violent criminal pass who she doesn't even know, they very well may and/or SHOULD check into his past.

Well, she won't be moving to him, he's moving to TN to be closer to her. She claims he won't be living with her. Will this make a difference?

 

[Ohiogal]

Well, she won't be moving to him, he's moving to TN to be closer to her. She claims he won't be living with her. Will this make a difference?

Yep that will make a difference if they are not living together. How big a difference depends on various things. It is worth a chance however to protect the children.