Afraid of unsupervised visitation

[dwsell]

My daugther and her husband are going through the beginning stages of a divorce. My daugther filed for divorce because her husband would drink an average of 10-12 cans of beer a night, paid for porn material on the internet and refused to contribute to the household bills. He wouldn't even buy thier daughter a Christmas gift nor a birthday gift. (which would have been her first) My daughter and my 1 year old grandaughter now live with me and my wife. Our concern is with our grandaughter. Her dad insist that he should be allowed to take his daughter for the weekends (overnight) but so far we've been able to avoid this. His drinking and porn activities continue. My daughter recieved a copy of their credit card billing and there was at least 12 entries for porn charges. A picture of his refrig shows there's over 30 cans of beer and one 6 pack of pediasure baby milk. (no food) I'm afraid if he get drunk and starts watching porn that he may harm our grandaughter. Plus, just being drunk puts her in harms way. I imagine her needing help and he's passed out on the couch. We have our day in court in one week but even our attorney has stated that it's going to be hard to stop him from taking the little girl for the weekend. Is there anything else we can do? What advice would you offer? Thanks

 

[jacksgal]

Unless the porn is child porn its not likely going to have any impact on visits. Unless Dad is viewing porn with child present which at her age isnt likely to be proven. Now the drinking is another issue. If you can show that Dad's drinking endangers child supervised visits are likely to be granted.

 

[Duranie]

With all due respect you have no say here, this is between the Mom and the Dad. as a father he is generally entitled to unsupervised visits with his child unless mom can prove he is a threat. The porn doesn't mean anything. Lots of people view it and it does not mean they are child molesters.

As far as the drinking, she can request that he not consume alcohol within a certain time frame before a visit and she can ask for a urine sample but it does not mean she will get it.

So just because mom is living with you, does not mean you can control visits.

She might have some luck requesting dad take random pee tests, but the porn doesn't say much. She can certainly ask for supervised visits until Dad stops the drinking, she may or may not get it.

 

[CdwJava]

Mom needs to go to court and obtain some form of custody and visitation order. Without it, she can make all the demands she wants, but they are legally without force and if she prevents him from having visitation with his child, mom might be charged with a crime (depending on the laws in your un-named state).

- Carl