Winter Springs, FL asked in Child Custody, Domestic Violence and Family Law for Florida

Q: My childs father has a history of domestic violence. Is it parental alienation if i restrict time because Im worried?

There is no parental plan in place. His history of domestic violence is with me and his other childs mother. In both cases he abused in front of the children. Since I have been keeping him, his dad has been sending welfare checks every week to my house to intimidate me. I keep an open line of communication so if he wants to know about his son he can ask. I believe he is trying to scare me, i just want to keep my son safe. He currently has a restraining order on him from the other childs mother and I had a restraining order in another state against him that is now expired. I just want to know if what Im doing will be held against me by a judge if takes me to family court. I dont want to do anything illegal or to hurt my child.

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If there is no parental plan (or custody order) in place, the father would have to go to court to get one. But you should seek one if the father doesn't.

Melissa Paniagua
Melissa Paniagua
Answered
  • Miami, FL
  • Licensed in Florida

A: If there is no parenting plan set in place, the Father has no rights to timesharing with the minor child. Your best option would be to get a set plan in place before the Father goes to court seeking one. This way you can explain to the court what kind of plan you wish to have in place and why you feel it would be in the best interest of your child.

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