Q: My kid is 20months and her dad is a repeat felon(violent)and has been around for a year. How can this impact visitation?
The felonies are DUII, aggravated assault with a deadly weapon , felon in possession of a stolen firearm. The most recent one is 2 years. I am the main “caretaker” of our daughter. She currently lives with me.
A:
I am not sure I understand your question. The father's criminal history has no impact until you file in the court for parenting time (and custody if you still need to do that) and ask the court to set limits based on the father's behavior. When the issue is presented to the court as part of a parenting time / custody case, I would expect the court to take notice and place appropriate limits. But nothing happens unless you get this in front of a court which you really should. There are forms on line and at the court house that will help you apply for custody and a parenting time plan if you can't afford an attorney. But it is always better to seek assistance from an Attorney.
Of course if the father was violent towards you or put you in fear of imminent harm in the last 180 days, you can apply for a family abuse restraining order that will set limits on how the father can contact you and will also give you custody of your child and may set terms for limited parenting time. Again, you can get forms for this at the courthouse or onlline and take them to the courthouse. You do not need an attorney to do this. The FAPA order will last one year unless the father successfully challenges it and can be renewed for a second year. After you have the FAPA you can seek a full time custody/parenting time Judgment that will last longer, but do that before the FAPA expires.
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