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Asked 3/13/2009

Father with a Brain Injury Wants Unsupervised Visitation

My ex has a traumatic brain injury that makes it difficult for him to deal with noise, abrupt changes, and just basic living. He is on Social Security Disability, as he cannot work. Gives no child support (save a "benefit" that Social Security gives each month). Right now he agrees that I have sole physical custody with joint legal. He wants unsupervised visitation (overnight at that). Really what are the chances that a judge will give him that?

 
 
 
 
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Answer 1/2 - Submitted 3/26/2009

I am in a similar situation as you. But, I am getting SSI benefits for my son since his father gets SSI. He is getting unsupervised visitation right now & my son is now 5. I have not had the money to afford an attorney. But, the last 2 weekends he was with him I suspect he was under the influence of drugs. He was diagnosed with a rare muscle disease about 3 years ago & he got addicted to morphine & supposedly he is clean. But my son has been telling me things he was doing & not doing. I am in the process of hiring an attorney now. I am very concerned about my childs safety & well being. I wish you good luck!

 
 

Answer 2/2 - Submitted 7/26/2009

It depends on how old the child is and what proof the father can provide as to his level of functioning/capability of caring for a child. If the father is living independently and can show that he is responsible with everyday living he should have no problem getting visitation. The check from social security IS child support as it is money the WOULD be receiving if it wasn't going to the child. A brain injury is a tragedy and anyone suffering from one should not be punished by missing out on their child growing up. Neighbors, landlords, friends, family etc can attest to how able the father is so that you have some reassurance that your child is safe.

 
 
 
 
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