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Originally Posted by unknown1991
I am affraid to leave because I don't want him to beable to have visitation rights to my son.
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Is he legally established as the child's father...either by being on the birth certificate, by signing an acknowledgement of paternity, or due to a court order? If not, he'll FIRST need to establish himself as the legal father before he'd be ABLE to pursue visitation. If he IS established as the father, you cannot stop him from SEEKING visitation. If you can PROVE to the court that he presents some clear and immediate danger to the child, you can request supervised visitation. Does he have convictions for DUI? Other criminal offenses that involve alcohol? Drinking a lot isn't a crime, and may not produce the BEST parent, but before his RIGHTS to HIS child are taken by a court, the burden will be on you to prove actual danger, no just what you think COULD happen....but what HAS happened, that would convince the judge to order supervised visitation. The very fact that you're willing to continue to live with him with the child under the same roof is going to tell the court that you do NOT consider him to be an immediate danger.
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I do not want him to EVER have my son alone.
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You gave him rights by making a child with him. It'll be up to a judge to determine if those rights should be limited, to what extent, and for how long. There's almost nothing in family law that lasts until forever. Even supervised visitation generally turns into regular, unsupervised visitation unless there are major issues (felony convictions for violent crimes, etc).
Not illegal, nor inherently an issue to deny parental rights.
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He will get plastered almost every night.
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Ditto.
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He will call me every name possible.
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Ditto.
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He will wake me up in the middle of the night will not let me sleep, the last time he did this I tried shutting my self in my sons room so that I could sleep and all that did was make him try to bust down my sons bedroom door, so instead of letting him do that and waking up my son I just went back out and sat in the livingroom crying untill he passed out.
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How is this working for you? Are you expecting him to change?
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There are many night like this some a lot worse. Some even physical.
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You have 911. You can choose to use it and report/document any physical incidents. If you don't find it worthy or reporting it to authorities, you can't expect the court to consider it with much gravity later.
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My neighbors and some friends and family have seen how he gets and how he treats me. I want to leave more than anything. But, I want to be sure that he will not get to have visitation right to my son, before I do so.a
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You are waiting for a day that won't come. That question can't be answered until a JUDGE has heard arguements from both sides, and quite frankly, I see nothing in the story so far that would make a judge order supervised visitation.
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I don't know what to do. I want out but, I feel staying is the best way to protect my son, because I am always there to make sure nothing happens to him and to keep him safe,
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Keeping your son under the same roof will certainly send a message to the court. But not the one you're hoping.
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where as if I leave and he gets visitation rights, I will no longer be there to protect him.
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He only gets visitation rights if (a) he's established as the legal father, (b) he seeks to have those rights granted by the court, and (c) if the court actually awards those rights, to one degree or another. Right NOW, he gets to be around the child every day. The longer he's freely living under the same roof as the child, the weaker your complaints about him being a danger become.
Father's Rights
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