Another visitation ?

J

Jskijunky

Guest
Here's the deal, in a nutshell. I was given full custody thru a restraining order about a year ago because mom was doing crack.She was only given supervised visitation. She pays no support or daycare or anything, basically homeless mooching off of friends. Although I don't think she is doing it anymore, she hasn't attended the drug counceling mandated by the judge.
Two questions: Do I have the authority to allow her to take my daughter to a movie in the park or not? Lawyer says yes but the SMC police dept. says if they see the two alone together,she will be arrested for breaking the restraining order. I'll ask the other Q later, this is getting long. Thanks
 
K

Kain99

Guest
My Question: Why would you even think about allowing her near your child? Yes she can be arrested. If ya need a free weekend we have lots of babysitters on board. :rolleyes:
 
crabcake

crabcake

But wait, there's more...
Wouldn't your breaking your own restraining order nullify it for future enforcement? :confused:

Why can't the movie be supervised, in accordance with the order? :shrug:
 
RoseRed

RoseRed

American Beauty
PREMO Member
If she is homeless and mooching, how can she afford to take your daughter to a movie?

I would not let mine go.
 
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K

Kain99

Guest
Originally posted by crabcake
Wouldn't your breaking your own restraining order nullify it for future enforcement? :confused:
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Not necessarily.... If the State deems it appropriate they can move in and obtain custody of the child. Both Mom and Dad could be declared unfit.
 
T

tlatchaw

Not dead yet.
I wouldn't do it. The experience I have had with addicted type personalities is that they can no longer be trusted. Maybe if you go along to supervise the visit, otherwise no.
 
crabcake

crabcake

But wait, there's more...
what are the specs of the order? Is it that mom can't come within XX # feet of you, your daughter, or both?

If you initiated the order, yet you allow mom to take your daughter anyway, in addition to her being arrested, I'd think you'd have to explain to a judge why you violated the order you requested and he/she granted. :shrug:
 
T

tlatchaw

Not dead yet.
Sorry, just re-read the question. Do you have the authority? I don't think you do. Call your lawyer to be certain, don't take our advice for this sort of thing.
 
crabcake

crabcake

But wait, there's more...
Originally posted by tlatchaw
Sorry, just re-read the question. Do you have the authority? I don't think you do. Call your lawyer to be certain, don't take our advice for this sort of thing.
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He did that already; he posted that his lawyer said "ok", which doesn't sound right to me. :ohwell:

The lawyer is not a judge, is he? I'd think that if a judge grants the order, he/she is the only one who can revoke or amend its enforcement.
 
K

Kizzy

Guest
Also, Does your restraining order have an expiration date? Most are ordered for 30, 60 or 90 days.
 
K

Kain99

Guest
Originally posted by tlatchaw
Sorry, just re-read the question. Do you have the authority? I don't think you do. Call your lawyer to be certain, don't take our advice for this sort of thing.
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I'm right, been there done that. :biggrin:

Courts do not take kindly to being misused and abused. They granted the order and only they can take it away.

She has not fulfilled what the court has required thus... If you allow the child to be alone with her - you're dust.
 
J

Jskijunky

Guest
The order was for one year. Its not for all weekend or anything,only about an hour and a half for a movie. I think I already know what the concensus is. Tuff crap for her, but I could use a good babysitter, I haven't been out for almost ayear.
 
K

Kizzy

Guest
A good babysitter huh?

You know what? If you want to send your daughter off to the movies with her crackhead mother, who has no fixed address, go ahead. :shrug: Just do the tax payers a favor and don't bother them with anymore of your future :bs:.
 
K

Kain99

Guest
Originally posted by IM4Change
Also, Does your restraining order have an expiration date? Most are ordered for 30, 60 or 90 days.
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Restraining Orders covering Drug, Physical, Sexual abuse, issues start at 200 days.
 
mainman

mainman

Set Trippin
Originally posted by Kain99
She has not fulfilled what the court has required thus... If you allow the child to be alone with her - you're dust.
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Sounds about right to me...
 
J

Jskijunky

Guest
And by the way, Thanks for the replies. I don't have alot of friends whose opinion I trust enough to ask.
 
Stang Girl

Stang Girl

Mr. and Mrs.!!!!!!!!!!!!!
Originally posted by Jskijunky
And by the way, Thanks for the replies. I don't have alot of friends whose opinion I trust enough to ask.
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Oh but we will give you our opinion if you ask for it or not. :biggrin:


But if you need to have a few hours to your self get a babysitter that you can trust not the mom. That is a bad thing waiting to happen....
 
crabcake

crabcake

But wait, there's more...
Originally posted by mainman
Don't do it...
Click to expand...

:yeahthat: If you feel really strongly about letting the child see Momma, have momma arrange for the court-supervised visit, in accordance with the order.
 
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