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sandals4us

motion to suspend visitation

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i need all the advice i can get. my 1 year old son had his 2nd over night visit with his father and got exstremly ill while in his care. his father did not call me nor take him to emergency room. he was in very sick baby after i got him back and i rushed him to the er. i have filed motion to suspend visitation and have a court date.

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Ok...you didn't ask a question. Nor did you identify your state or explain what "exstremly ill" or "very sick" means such that we could understand why you think the father should have called you or taken the child to the ER (or explain whether there is any requirement in the court's custody/visitation order that he do either of those things under a particular set of circumstances).

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A

Im just needing advice on the law side of it. his dad was on supervised visits and now he is not. this visit that he had fallen sick with his father was only his second time visit over night ever granted. Common since you take a baby to the emergency room with that kind of a fever. I just think that was neglect on his part and to me abuse to a child. im a mother and i would never do that! i would just like to know my rights on the legal stand point. please.....

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his temp was 104 when i picked him up, very lathargic, and had blood and puss draining from ear. i was told they had to remove his clothes over night because of his temp but still did not call me nor take him to nearest er!!!!!

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"Common since you take a baby to the emergency room with that kind of a fever."

Umm...you understand that we don't know anything about the situation other than what you tell us, right? We have no clue what "kind of fever" you're talking about. You can't just walk into a courtroom and say, "your honor, visitation should be suspended because the child had a temperature of __ (+/- X degrees depending on the accuracy of the instrument that the father used to take the child's temperature), and it's just 'common sense' to take a child with that temperature to the emergency room." Well...you can do that, but no judge is likely to credit that sort of argument.

"I just think that was neglect on his part and to me abuse to a child."

Ok...you're free to "just think" whatever you want and call it "abuse" if you want. However, your subjective opinions and conclusory characterizations aren't going to get you anywhere in a courtroom.

"im a mother"

We knew that.

"and i would never do that!"

People handle similar situations in different ways. If you want to get anywhere in a courtroom, you need more than "I would have handled the situation differently."

"i would just like to know my rights on the legal stand point."

I'm not quite sure what this means. You're obviously free to seek to modify the visitation order. However, without any actual facts, we can't assess your chances of success,

By the way, you didn't address the question of why the father should have called you.

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all i know is i was told his temp was extremly high to the point he was very lathargic. He was in that shape for two days. did not call me to let me know and didnt bother taking him to the er. I wasent told until i picked him up from visit his condition where it was then i seen he was in bad shape and i rushed him to er. busted eardrum temp of 104 rsv. he has been on inhome res. care since then and 1 surgery to repair ear. there has to b a law 2 hold him accountable for this. supervised visits at least?

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Are you seeking to modify the visitation order? Each jurisdiction has distinct guidelines for visitation with the primary purpose being to serve the best interests of the child. If your baby son's father is neglecting his child, then the court should be notified of this matter. The links below will direct you to websites with further research information.

Since laws vary upon jurisdiction, please provide a little more background information which includes your state. You can check FindLaw's Learn About the Law page to research different topics of law. Good luck.

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The law in every state (and I don't think you've identified your state) is that custody and visitation are based on the best interests of the child. As I said before, you are free to petition the court to modify the visitation order based on this incident. I'm not suggesting that you're not right in being upset here. What I'm telling you (and you seem not to be understanding) is that you need to go into a courtroom armed with facts, not lay opinions. Depending on the case law in your unidentified state and the history of the father's relationship with the child, my guess is that, based on a single incident, a judge probably will be more likely to warn the father and order that he take some sort of parenting or child care class than to suspend visitation or require supervised visitation. Consult local counsel.

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pg1067...Obviously, you are not an attorney, nor are you here to help.  Please leave the forum.  You are only instigating the situation.  

 

sandals4us...Tennessee law states that this is neglect and you can speak with your attorney to file a motion to suspend his visitation.  However, each county handles custody differently.  For instance, Greene county cares very little about domestic violence and supports the abuser rather than the obvious victims.  I have learned the hard way that if you want to protect your children, you are going to have to fight hard for it.  So, it is okay to be upset about this injustice and the terrible things that have happened to your son.  In coparenting, it is obvious that the information should have been revealed to you.  As a matter of fact, the boy's father should have been notified by his attorney to do so in such situations.  Let your attorney know what you wish to do and stay on him until it gets done.  Be reasonable and be willing to work with your ex whenever possible, but put your foot down and fight when necessary.  Make them do the right thing.  In the end, they may show themselves to be heartless and wrong, but your son will see you for who you are and love you for trying.  You are in my prayers. 

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  • Child neglect: knowingly abusing or neglecting a child in a way negatively affects the child's health and welfare.
Aggravated Child Abuse, Neglect, or Endangerment

It's a violation of Section 39-15-402 if a person commits child abuse, neglect, or endangerment and:

  • It results in serious bodily injury to the child;

 

Charges

Violation of Section 39-14-401 can be a Class A misdemeanor, Class E felony, or a Class D felonydepending on the circumstances.

Violation of Section 39-14-402 is generally a Class B felony but it's a Class A felony if the victim is:

  • 8 years old or younger;

 

Penalties

The authorized terms of fines and imprisonment for felonies and misdemeanors are:

  • Class A felony: 15 to 60 years and a maximum fine of $50,000.

 

Related Statute(s)

Tennessee Code, Title 37, Chapter 1, Part 4, Section 37-1-401, et seq. (Mandatory Child Abuse Reports)

 

Good luck, sandals4us!!!

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3 hours ago, madmom said:

pg1067...Obviously, you are not an attorney, nor are you here to help.  Please leave the forum.  You are only instigating the situation. 

 

I'm "instigating the situation"?  What does that mean.  And you're talking about a "situation" that occurred over eight years ago!  Why on Earth would you resurrect such an old thread to make ignorant comments?

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8 hours ago, NoReason said:

pg1067...

 

why are you so mean when you respond to people’s questions?

 

To the extent I am ever "mean," the answer to your question obviously depends on the specific facts and circumstances.  Since you didn't identify anything in particular, I can tell you that I was not at all "mean" to the original post from eight and a half years ago.  If you think my response to "madmom," who pointlessly resurrected this eight and a half year old thread last month, was "mean," the answer is because he/she resurrected an eight and a half year old thread for no good reason and made idiotic comments.

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No, I was more referring to a recent mother’s post where you replied that you got “bored” reading her story. And a few others I saw as I was clicking through the site...

I could have posted my question on her thread, but thought you would look back in on this one to see if madmom responded to you.

And, yes, you were mean eight and a half years ago. Or, if you don’t like mean, maybe snarky, rude or sarcastic would also fit.

My point is only that People come to these boards full of panic, fright and feelings of helplessness.

I get that it must be frustrating to read an OP that has missing information....but, it’s just as easy to type out the question you need answered as it is to type out quotes and rudeness.

Ex. ...”I’m a mother” . 

           We knew that.

Please just have compassion. You’ll find yourself feeling happier about helping people.

 

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51 minutes ago, NoReason said:

No, I was more referring to a recent mother’s post. . . .

 

If you have an issue with a particular post, comment in that thread, not in some unrelated thread, and certainly not in a thread that's eight and a half years old and which has been dormant but for a pointless resurrection a year ago.  Otherwise, resurrecting old posts accomplishes nothing but to waste folks' time.

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I did not realize this was such an old thread.  I was researching about my own case and found this in my research.  I thought I was helping someone in a similar situation.  

 

I don't see how people can attack each other this way.  Why can't people just be kind, compassionate, and understanding?  If you aren't going to help, why are you on a help forum?  

 

Please do not reply to me.  This is just food for thought.  I have no interest in debating or arguing with anyone.  I rarely ever check this email anyway, so you will just be wasting your time. 

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1 hour ago, madmom said:

I don't see how people can attack each other this way.  Why can't people just be kind, compassionate, and understanding?

 

Good question.  Why did you attack me in your first response in this thread?

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Pg1067

this is a HELP board.

threads will be available long after you’ve decided you’ve poked at enough people in their hour of need.

moderators have the ability to close responses if old threads are such a problem if they’re posted on.

maybe 7 years ago, the OP had a good resolution to her issue.

MAYBE she’ll get notification that someone posted to this thread EIGHT AND A HALF YEARS AFTER SHE STARTED IT.

maybe she’ll  be able to come back here and give advice to someone that will help them...

but, probably, she moved on to a different board where people are there to help, realizing that sadly, your help comes with humiliation, which she probably already feels and doesn’t need more of.

if you really want to know why Madmom called out your abuse, just read your response to the OP....and put yourself in her shoes. You might learn something about helping people, or realize you’re just not good at it, and that’s okay, it takes a special kind of person to be empathetic and helpful to strangers.

and...did she really “ATTACK” you??

I think no, seems she just pointed out that your responses probably aren’t helping, but hurting.

just take a deep breath before responding to people...use your back button if you type out a hateful response, sometimes just typing it out helps with frustration, but you don’t have to post everything that comes to mind, especially hurtful/hateful/humiliating things.

you can do it!!

and....You’ll feel great REALLY helping people...

 

 

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7 minutes ago, NoReason said:

Pg1067

this is a HELP board.

 

I'm not going to waste my time arguing with someone whose entire existence on these boards has been to whine about the content of what is now a nearly nine year old thread.  If you have something useful to contribute, by all means do it.  Otherwise, go away.

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