Portland, OR asked in Family Law, Child Custody, Child Support and Civil Litigation for Oregon

Q: Can I deny court mandated visitations if I feel there's a threat of harm?

My 8 yr old daughter's father was in prison for 6 years for assault with a deadly weapon & strangulation of his pregnant (now ex) wife. He had not been in contact with my child for almost 7 years. He got out this year & came to Oregon to see her for a week. He convinced me & our daughter that he'd changed & wanted to be a family. Shortly after his visit, I learned he still has anger problems & has a girlfriend in the state he's from. Three months later, he told our daughter about his girlfriend & said that he wasn't coming back. My child started having major behavioral issues, refused to speak to him when he called & ended up spending a weekend in the ER under suicide watch! Hes back in town & wants to see her. I'm concerned not only about his temper but also if a visit will send her off the deep end again. I don't feel that she's emotionally stable enough to see him. Can I be held in contempt of court if I don't allow a visit? I filed for a modification but haven't been able to serve

1 Lawyer Answer
Jessica Larsen
Jessica Larsen
  • Divorce Lawyer
  • Hillsboro, OR
  • Licensed in Oregon

A: You can be held in contempt if you fail to abide by the parenting time established in your judgment. I think your best course of action if you believe your child is in danger is to file an immediate danger motion which could temporarily suspend parenting time until you are able to serve the other party the paperwork for your modification or until the modification is complete.

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