Under what conditions can I deny my ex-husband visitation?
Question Details: I have physical custody of my daughter. The last time that she had parent time with her father, he endangered her life by driving recklessly on the freeway. Afterward, he was emotionally and verbally abusive. I contacted Child Protective Services and a case has been opened. At this point, my daughter refuses to go with her dad. She and I are both fearful of his bipolar moods, which are well-documented with the court. Can I deny my ex-husband visitation on the grounds of imminent danger and the fact that my daughter does not want to go?
You cannot unilterally (on your own; without a court order) deny him visitation, and she cannot refuse to go either. If you do, you will be in violation of the order or agreement about vistitation and could be subject to punishment. What you can do is go to family court and seek a court order denying or modifying visitation based on his behavior--the dangerous driving and the emotional/verbal abuse). Ideally, retain a family law attoreney to help you. If you cannot afford on, contact the clerk's office at family court, explain the situations, and ask for instructions.
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