Legal Question in Family Law in Michigan
denying court ordered visitation schedule
I have denied my soon to be ex husband the right to his visitation because he allowed his girlfriend of 2 months to bathe my 4 year old the first night they met eachother. Since then I have place a protection order on him because he threatening me with bodily harm. My attorney tells me that I am wrong for not giving visitation, I live in Kentucky he lives in Mi. He has given me 4 child support payments in almost 6 months. There are other serious issues that need to be addressed with the court but my attorney is not interested. Do I have a chance of losing custody of my children ages 4 and 18 months?
4 Answers from Attorneys
Re: denying court ordered visitation schedule
Just out of curiosity, how do you bath a 4 year old? Shouldn't an adult do this? You are potentially harming yourself and your attorney is probably right. The support payments are independent of visitation. Your lawyer can tell you how to handle the non-existent payments. Bill Stern 248-353-9400
Re: denying court ordered visitation schedule
Your attorney is correct: you have no right to deny visitation, certainly not over who gave your child a bath! The issue of child support is completely separate, and you need to get a better idea of where you stand with the courts before you dig yourself in any deeper. They WILL take your children if you persist in this, and they WILL use the "wonderful new girlfriend who cares enough to bathe your kid" against you!
If you have child support issues, you need to follow up with the Friend of the Court. If he is seriously overdue in child support, try to get that addressed by adjusting any property settlement BEFORE the judgment of divorce is entered.
If you continue to act against your self-interest (and that of your child), there's nothing your attorney can do to help you. Set up a meeting, get a good understanding of where s/he stands. if you think the attorney is wrong, then get another attorney, because this is your life, not hers and you will be stuck with the fallout.
Re: denying court ordered visitation schedule
Whenever you violate a court order you run the risk of being found in contempt. In some cases, being found in cintempt could lead to incarceration in the county jail. In others it could cost you some money. Failing to comply with court ordered vistation could result in a change of custody - be careful. Unless the person who bathed your child is a convicted child molester or has been substantiated as a child abuser by children's protective services it doesn't appear that you had the right to withhold visitation. The child support issue is differnt and separate from the visitation and if your ex is in violation of a court order he can be held accountable. Sit down with your attorney and go over your options. It is your right to hire an attorney you feel comfortable with. Good luck.
Re: denying court ordered visitation schedule
Absolutely, "Yes" Your actions could get you in trouble. Denying visitation is a no/no. Listen to your attorney. For more info. call (248)851-3171.