Visitation ?'s

I know it varies from state to state and case by case but what would most likely happen in this situation.

I have taken care of LO alone since he was born. He is 4.5 now.
He doesn't know his bio dad as "dad". They have met 3 times.

He has been arrested a few times on drug charges and now lives in a half way house. He has no license, no job and lives off welfare. He doesn't give two smurfs about my son. Doesn't really call or text or check up. Has no care in the world for him at all.

I can tell his parents are really pushing him to ask for visitation. I do not want this man around my son. I feel as though it would do him more harm than good at this point. I have given many chances for him to fix things or even TRY to change and start fixing things. Nothing.

If his parents paid for a lawyer and he took me to court for visitation, would they most likely give him SUPERVISED?
We live 3 hours apart by the way.

They would most likely start with supervised visits for a very short time. Is there any type of CS order on him?

Quoting A&J. ♥:" I know it varies from state to state and case by case but what would most likely happen in this situation. ... [snip!] ... a lawyer and he took me to court for visitation, would they most likely give him SUPERVISED? We live 3 hours apart by the way."

They'd probably do a step-ladder approach. Meaning supervised for awhile, then unsupervised. You can tell the lawyer you want him drug tested.. i did that with my ex, and in the meantime, we had court supervised visits at a courthouse, [ I DID NOT WANT THIS ]. so until he passed 3 tests, we had to do the visits at the courthouse. my lawyer told me after that that if we didn't come to a visitation agreement, then he would get every other weekend / overnights. ;/

since it has been so long they would most likely do supervised for 6 months to a year and then move to unsupervised.

<blockquote><b>Quoting CerealMakerWife♥:</b>" They would most likely start with supervised visits for a very short time. Is there any type of CS order on him?"</blockquote>


There was an order, and he didnt pay on it for a year. They modified it to 50 dollars a month, he still doesn't pay it. He owes 7000 in arrears

Yet has money to text me from his new iPhone today.
I seriously hate him.

Quoting A&J. ♥:" <blockquote><b>Quoting CerealMakerWife♥:</b>" They would most likely start with ... [snip!] ... he still doesn't pay it. He owes 7000 in arrears Yet has money to text me from his new iPhone today. I seriously hate him."

I was going to say file CS on his ass then maybe he'd leave you alone. Ha. Fail on that one. That is pretty pathetic. I can't stand dead beats.

Quoting A&J. ♥:" <blockquote><b>Quoting CerealMakerWife♥:</b>" They would most likely start with ... [snip!] ... he still doesn't pay it. He owes 7000 in arrears Yet has money to text me from his new iPhone today. I seriously hate him."

then he is in contempt of court and can be prosecuted.

Quoting Kenzie Doll.:" then he is in contempt of court and can be prosecuted."

ehhhh not likely. They will just go after his taxes of what not.

<blockquote><b>Quoting P3RvYmCp3rv:</b>" ehhhh not likely. They will just go after his taxes of what not. "</blockquote>



Yeah. We just had a hearing and they didnt find him in contempt. They even took money OFF his arrears (it was originally over 10k)

They have nothing to garnish because he doesn't work
And the judge flat out told me they will not arrest him even if he doesn't pay as long as he's in this halfway house because that means he's "trying"

Quoting A&J. ♥:" <blockquote><b>Quoting P3RvYmCp3rv:</b>" ehhhh not likely. They will just go after ... [snip!] ... told me they will not arrest him even if he doesn't pay as long as he's in this halfway house because that means he's "trying""

To put them in jail cost too much.  

i thought they wont touch welfare or ssi
i wentthough same thing with ex... hes on the step ladder approach. they said 6 months of consistant supervised visits and staying out of trouble then he can take it back to court to change... that was 3 years ago

Quoting P3RvYmCp3rv:" ehhhh not likely. They will just go after his taxes of what not. "

Actually, there is a list of things they go after. and prosecution is one of them. I'm speaking from experiencing. My ex is being prosecuted this month actually. By the state/judge for contempt of court. If someone is COURT ORDERED to pay a certain amount, and they are breaking court order, they are in contempt of court and they CAN go to jail. My ex will be heading to jail for owing $8000+ to me, and some odd money to the state for medical.

Quoting A&J. ♥:" <blockquote><b>Quoting P3RvYmCp3rv:</b>" ehhhh not likely. They will just go after ... [snip!] ... told me they will not arrest him even if he doesn't pay as long as he's in this halfway house because that means he's "trying""

Then maybe it's the judge. I know in the state of RI they will prosecute and send men/women to jail for contempt of court for not paying child support. They will go after income tax refunds first, bank accounts, any items they own such as a house / car / lottery winnings, and if they can't get any money, they WILL prosecute here.

<blockquote><b>Quoting Kenzie Doll.:</b>" Then maybe it's the judge. I know in the state of RI they will prosecute and send men/women to jail ... [snip!] ... any items they own such as a house / car / lottery winnings, and if they can't get any money, they WILL prosecute here."</blockquote>


I think it's just the situation. He's living in a drug recovery place so that shows he's "trying" and will not arrest him. The enforcement agency is responsible for that, and they cannot or have not done anything. I could tell she WANTED to arrest him but said she didn't have the power in this case.

ETA he has nothing for them to take.
That's why they modified the amount for him to almost nothing
They took his tax return last year
He won't have one this year as he did not work and has been in rehab.
He has no license, passport. No money. He lives off welfare which is not able to be garnished.
No car, that got repoed about two years ago one of the first times he was arrested.
He doesn't own a home he's never even lived on his own before he got sent to rehab

He owes a lot in college loans as he got a masters degree and took out many loans to do so.

He is in so much debt I'm like bottom of the Barrell

Quoting A&J. ♥:" <blockquote><b>Quoting Kenzie Doll.:</b>" Then maybe it's the judge. I know in the ... [snip!] ... loans as he got a masters degree and took out many loans to do so. He is in so much debt I'm like bottom of the Barrell"

well i guess that makese more sense. if he was working, then they could prosecute.. or just not trying to find a job.

i can relate. while my ex is working, he just chooses not to send in the money. they can't garnish because he's an "independent contractor" with that said, there is no money back from income tax refunds, because he has to pay out at the end of the year.. he hides most of the income from the government as he gets mostly cash. he lives with his mother, has no bills/etc, yet claims poverty. In the meantime, he's been working under the table at two gyms as a "personal trainer" in addition to his barber job. He also chooses to train at three gyms for "mma" as he thinks he's a "professional mma fighter" now. He owns nothing, he even had his truck registered in his mom's name so they can't track that.

does your state offer cash assistance in addition to food stamps/ebt? I was offered the cash assistance which was about 200 every 2 weeks, however if he sent in any childl support i'd never get it if i chose the cash assistance. including the back support.