Does the Non Custodial Parent Have the Right to Do This?

Question by Jessica: Does the non custodial parent have the right to do this?
My husband and I have had custody of his 4 year old son for the past year. We were granted custody after DHS removed him from her home due to filth, drug use, and violence between his mother and her Husband. One particular incident of violence happened right in front of my step-son and there were criminal charges against the Husband. We have made the rule that when she has visitation, the child is not to be around her husband or his family, because of the violence. She is supervised by her father when she has him to prevent anything bad from happening, but she is adamant that “her husband has rights”and “eventually he will get to be in his life again after he goes through a treatment program!”. We have told her absolutely not, no way he is DANGEROUS. We tried to get a VPO agains him on behalf of our step son, but the judge told us that this “was not a problem between us and him, it’s a problem between us and the mother bringing a dangerous person into her sons life and that if necessary we could strip visitation rights”. We want his mother to be in his life because he loves her very much, but he has exposed our 4 year old to a lot of negative harmful things and even with treatment we don’t want him around. Before we got custody he would brainwash the child into calling him “Daddy”. What I am asking is What are their rights in the situation and what can we do to protect him without cutting his mother out indefinitely?
We have full care and custody. And if a man is capable of beating his wife to the point of hospitalization, there’s a possibility he COULD harm a child, the violent temper is there, obviously he was bad enough for all of the children in the home other than my husbands to go into foster care.

Best answer:

Answer by ca_surveyor
Sounds like you have the best situation right now with only a minor tweak.

You can not deny her visitation based on what MIGHT happen, and your son is old enough to have a fixed identity as to who are his parents and who are not, rgardless of what he chooses to call that person…… so the only issue to deal with is really the level of supervision.

If things start to change for the worst (her husband starts to insist that he be there) , you can require that the supervision during the visits be monitored by a neutral third party to avoid the husband exerting any sort of coercion or favor from her father.

That will give you some assurance as to the child’s protection and if the husband tries to make any entry you will have the necessary testimony to provide the judge to allow him to modify his order.

good luck

Give your answer to this question below!

Outpatient Drug Rehab and Alcohol Rehab in San Clemente, CA

449 Recovery, www.449recovery.com, offers outpatient drug rehab services at its San Clemente, CA. the outpatient group therapy and outpatient drug counseling treatment plans are designed to allow clients of 449Recovery to live a life of sobriety through the drug treatment programs offered by 449 Recovery while allowing the patient to live a normal life. Call them today to enroll in their San Clemente based drug treatment center at 855-449-4490.