in july of 2007 i was in a custody battle over my 8 year old daughter. i was awarded full custody. my ex was awarded visitation. over christmas, he had her. on christmas eve, he was arrested for misdemenor assult against his mother. in the visitation order he is not to be drinking. this weekend is his to have her. should i let her go? if i don't i am afraid that i would be violating the visitation order.

You also have to make sure your daughter is going to be safe.  If he hurt her cos he was drunk, the back lash would go on you as you failed to protect your child etc, however the law is pretty strict about visitation rights.  You perhaps need to talk to a specialist in family law and get your rights in black and white.  I think that would help you more.

Suzi

you can not violate the orderes you are given ..........but at the same time keep her safe.

Have you called the states attorney / lawyer / legal aide? ask them?

Maybe you can get his visits supervised since he did this...and when he did this was his daughter present? that would be putting her in danger!

I contacted my lawyer, but I did not here from her in time. My daughter was present, but in the other room. I am going to go back to court to have this brough up and possibly have his visitation changed. Thanks for the advice. I really appreciate it.

I have recently went thru a terrible custody battle pertaining to my daughter.  Her father was injured in Iraq, as a result, we ended up having to divorce because he damaged the frontal lobe of his brain (the portion that affects out ability to control anger and agression) and it turned him into a different person.  He became very physically abusive toward me, but never his child.  

Anyhow, when we split up, we had our attorneyy set up a visitation schedule.....once he showed a tendency toward violence (slapping my daughter in the face because she wouldn't stop cring)......I didn't care what court it was coming from, I held my child away and totally disregarded the visitation order...upon doing that I did notify my attorney of my actions and this is what she informed me of.

If he violates any of the stipulations that has been set forth by the courts, he has violated his rights to visitation, the main goal is to keep the child protected....if he is going conducting himself in manners that iare unsafe around the child, then essentially he is violating the guidance he was given pretaining to his visitation.....I would contact your former attorney and seek guidance.....if there is ever a question of the safety of the child.....as long as you have all your ducks in a row, you won't much trouble in family court.