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Legally can the custodial parent suspend visitation if non custodial parent breaches parenting plan?
Anonymous4 views1 answers
in 02 he took our daughter from me after given a chance to meet his daughter at birth he said she wasnt his. 2 years later he is requested to take paternity test in which he was her father. at this time i had a boyfriend who was into abusing me and he used drugs which i had no idea about.. long story short i left this guy but let him come to my home and visit my daughter he had been her step father and the only father she new until the paternity test. well my now ex-boyfriend who was using herioin and got busted for controlled buys. I get brought into this by leting him see my daughter they said i knew what he was up to and gave me a consirecy to deliver felony charge...WHERE IS THE JUSTICE IN THAT.
If you are about to engage in a custody battle, you need to sit down with an attorney and go through your options. These are difficult to go through, especially when you are emotionally involved, and can be hard on the child.
As for your question, that will depend partially on the state you live in and the language of the parenting plan. Both must allow for the suspension, and without seeing that language in the plan, as well as knowing the standard the Court will use, it is hard to answer.
Another thing to worry about is the fact you let a person that uses hard drugs around your daughter. If he was high, had substances around her, or put her in any potential danger, most courts are going to be tough on you.
Certainly you should hire a criminal lawyer to deal with the criminal charges... if you lose that case and get tossed in jail, the biological father will likely get her and then initiate a custody proceeding with you behind bars.
