What is the name of your state (only U.S. law)? NH
I have a 3 year old son with my exbf. We seperated when our son was 2 months old in September of 2005 due to domestic violence. My ex went to jail for the assault charges and was released in March of 2007. After he was released we finally went to court for a parenting plan and child support order.
I was informed that since he had never been violent to the child (Duh! He had been in jail for almost the entirity of our sons short life!) I shouldn't waste my time trying to prevent the visitation. And since I genuinely believed he wouldn't be violent with our son, I didn't. We mutually agreed on a parenting plan that ordered every other weekend and me having sole legal custody. I hoped that our son could begin to formulate a relationship with his father. Visitation was sporadic at best, his father would often refuse to take him.
During a pick up in October of 2007 I witnessed my ex slap our son across the face for saying a bad word. I immediately filed for a modification of our custody agreement and asked for his visitation to be supervised for a time to ensure our sons safety. The motion was sent back to me because I did not pay the $102 filing fee. I did not have the extra money (Suprise! I don't receive my court ordered child support) so I tried to file a complaint with DCYF to see if they would do anything. They told me that abuse that does not leave a bruise or red mark lasting 24 hours or more would not be pursued. My exs mother agreed (outside of court) to supervise the visitation at her house and so we agreed to do that.
In February of 2008 my ex was arrested on charges of criminal threatening for threatening to kill me. In May of 2008 we had a hearing for the charges. He asked that his bail conditions be amended to allow third party contact with me for the purposes of arranging visitation with our son. The judge denied his request.
His trial is set for August of 2008. I have filed for a modification of the visitation (and paid the $102 filing fee this time!) but was told the judge was on vacation and it would be several weeks before I would hear anything. His trial is less than one month away. We clearly will NOT have had any hearings on the modification paperwork by then.
If he doesn't get convicted, will be legally required to begin the visitation immediately? Our son hasn't seen his father in over 5 months, he also hasn't even asked about him. (I would think at 3 years old our son would remember his father, but maybe not due to the lack of consistant visitation and extended absences?) Also, since there is a restraining order, how would we even go about setting up the visitation? Is it possible to get an emergency order for the visitation to be supervised so our son isn't as confused? Or do I need to just suck it up and allow the visits and wait for our modification hearing?
I have a 3 year old son with my exbf. We seperated when our son was 2 months old in September of 2005 due to domestic violence. My ex went to jail for the assault charges and was released in March of 2007. After he was released we finally went to court for a parenting plan and child support order.
I was informed that since he had never been violent to the child (Duh! He had been in jail for almost the entirity of our sons short life!) I shouldn't waste my time trying to prevent the visitation. And since I genuinely believed he wouldn't be violent with our son, I didn't. We mutually agreed on a parenting plan that ordered every other weekend and me having sole legal custody. I hoped that our son could begin to formulate a relationship with his father. Visitation was sporadic at best, his father would often refuse to take him.
During a pick up in October of 2007 I witnessed my ex slap our son across the face for saying a bad word. I immediately filed for a modification of our custody agreement and asked for his visitation to be supervised for a time to ensure our sons safety. The motion was sent back to me because I did not pay the $102 filing fee. I did not have the extra money (Suprise! I don't receive my court ordered child support) so I tried to file a complaint with DCYF to see if they would do anything. They told me that abuse that does not leave a bruise or red mark lasting 24 hours or more would not be pursued. My exs mother agreed (outside of court) to supervise the visitation at her house and so we agreed to do that.
In February of 2008 my ex was arrested on charges of criminal threatening for threatening to kill me. In May of 2008 we had a hearing for the charges. He asked that his bail conditions be amended to allow third party contact with me for the purposes of arranging visitation with our son. The judge denied his request.
His trial is set for August of 2008. I have filed for a modification of the visitation (and paid the $102 filing fee this time!) but was told the judge was on vacation and it would be several weeks before I would hear anything. His trial is less than one month away. We clearly will NOT have had any hearings on the modification paperwork by then.
If he doesn't get convicted, will be legally required to begin the visitation immediately? Our son hasn't seen his father in over 5 months, he also hasn't even asked about him. (I would think at 3 years old our son would remember his father, but maybe not due to the lack of consistant visitation and extended absences?) Also, since there is a restraining order, how would we even go about setting up the visitation? Is it possible to get an emergency order for the visitation to be supervised so our son isn't as confused? Or do I need to just suck it up and allow the visits and wait for our modification hearing?
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