Skip to main content

My daughters father is supposibly getting a lawyer to enforce visitation. Inever denied him to see her. What should I do?

Chicago, IL |

I took her every weekend to him so he could spend time with her! Hes been abusive to me in the past phisically and verbally! I even recently filed another police report against him for threats n harrassment! And he has been arrested more then a dozen times for drinking in public. He also smokes marijuana EVERYDAY! I fear for my daughter if shes alone with him! I dont want her alone with him! Can I bring this up in court when the time comes? Im also going to get a restraining order for mine and my babys safety. Shes only 6 weeks!

Attorney Answers 3


I'm not really following this. You say the child is only 6 weeks old. You say you "took her every weekend to him so he could spend time with her." That means the child has spent six episodes with her father. Then you say he's been abusive and you recently (presumably since the birth of the child) reported him to the police.

What's going on here? If he's been arrested so may times for public drunkenness, and he smokes marijuana every day (not a crime in and of itself), why have you been taking the child to see him? Come to think of it, why did you decide to have a child with him in the first place?

You need good legal counsel.

hire a lawyer.

Mark as helpful

4 lawyers agree


You really should consult an attorney in person who can help you file for an Order of Protection. Is the "father" on the birth certificate? Did he acknowledge paternity by signing a Voluntary Acknowledgement of Pternity? Is there a court order for visitation? If not then you are not violating anything. Is he paying child support. You need to get this in court.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

Mark as helpful

3 lawyers agree

1 comment

Peggy M. Raddatz

Peggy M. Raddatz




You could do a number of things.

First, the motion is not yours to make--your daughter has standing. You can finance the effort. You are not a direct party to the custody/visitation order. The violation, if it is alleged, would be alleged against your daughter...that she is permitting a hostile environment and interference with his visitation rights.

The evidence needs to be collected & your daughter can file a number of petitions--restrictictng his visitation, for Order of Protection, etc. You would likely be the "star witness"

You should act fast and retain counsel. These are recent acts of dysfunction on the "father's" side so the court can really intervene in a powerful way.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

Mark as helpful

1 lawyer agrees

Child custody topics

Recommended articles about Child custody

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics