Q: Can my soon to be ex-husband visit with my child at daycare when it is not one of his visitation times.
We have temporary orders granting me sole physical and joint legal custody of our 2 year old. We have a GAL report which recommends a greatly reduced visitation schedule than he currently has. Our trial date isn't until August. I filed a motion to amend the visitation to reflect the recommendations of the GAL but it was denied because he has the right to cross examine her. There is a history of extreme verbal but minor physical abuse. I had a 209A against him but it has now expired. Unfortunately his behavior is the same
A: If the Temporary Order does not give him visitation at the day care center, then he does not have the right to visit the child there and you should contact the day care center to let them know and provide them with a copy of the Temporary Order. You should also pursue a Contempt complaint for his violating the temporary order. Why did you not have the restraining order extended? The fact that the divorce is still pending should have been a factor to extend same. If you have an attorney you should definitely contact him or her. Otherwise you should obtain counsel to represent you at the trial as soon as possible.
A: He cannot spend more time than permitted under the visitation schedule. If he does, you can file a motion for contempt against him. What was the degree of abuse? You may want to renew the restraining orders. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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