About 15 months ago my ex husband and fiance got into a fight. My ex husband had been harassing me and drove by my house where he flipped off my ex husband. They got into a fight and my fiance punched him. Fast forward to a couple weeks ago my fiance had gotten taken to jail for FTA's on the charge ,which we didn't know there was even a battery case we weren't served papers at all. Well he got out by pleading guilty and was sentenced 3 years probation by the DA. My ex husband is refusing to give me my visitation even though there is a court order. So we are going to end up back in court. My fiance had some trouble with drugs but is clean now and will be starting NA classes. For the last two years we haven't lived together and now we are wanting to be in the same home and see our girls. Will I have a shot of keeping my visitation if he is on probation.
He has no right to refuse visits Did fiance get a no contact order then he cannot be present during the exchange but the criminal case has nothing to do with visits and h is wrong to withhold them
Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.
Adverse party needs to go to court to change the order to withhold visitation. When he goes to court you will need to argue the best interests of the children. He will argue your BF is violent. You will need to rebut that.
Or you can preempt the father and file a request for orders addressing the changed status of your boyfriend after his arrest and conviction.
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