If one of my children is autistic & I believe he would suffer from visitation with his dad can I keep him from gaining visitation of any of the kids?

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If one of my children is autistic & I believe he would suffer from visitation with his dad can I keep him from gaining visitation of any of the kids?

My son has shown fear of his father in the past due to his anger issues. I also believe my son would suffer with changing schedules and living situations that come with visitation. My youngest son is only an infant and isn’t bonded with his father at all. I don’t believe he even recognizes his dad because he has lived with us since the baby was 3 months old. My daughter is extremely unruly when her dad is around because he allows her to do anything, there are no rules enforced. I really believe that all 3 kids would be better off if there dad wasn’t involved in their raising.

Asked on June 11, 2009 under Family Law, Texas

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I think you will have a hard time convincing a judge that the children should not see and have a relationship with their dad.  If he is a danger to them, and you can prove it, you'd have a better chance, but I don't think the reasons you have given will be sufficient.  Speak to a family law attorney in your area.  The best you might be able to do here is to have court-supervised visitation.


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