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Family Law - Child Custody - General Child Custody Questions

  Page 21 of 45

My ex-mate and I are divorced. I have custody of the teenagers, and he has visitation rights. My daughter has told me that he is ‘weird’ with them, not any sexual overtones, but erratic in his behavior. As a result I am concerned about my children's health and safety during his visitation periods. Can I do anything about it?
You are somewhat in the throes of a dilemma. If you are concerned about your children's safety during the visitation you have every right, and a duty as well, to inquire into the problem. The other side is that the court will not regulate the day-to-day mannerisms of parents during visitation.

You need to ask your daughter more about his weird behavior; exactly what is it that he does that she finds unusual or bizarre. If the behavior is anything that can cause your children to be placed in peril the court can impose such restrictions as necessary to protect them. For example, if his behavior is such that would cause the court to be concerned about his driving a vehicle during visitation, the court may impose such limitations as required to protect the children's safety. If this is a change in his behavior maybe there is a medical reason that you are unaware of. The court could fashion some method of visitation to allow visitation and also protect the children. The court, however, will not terminate visitation because a teenager has decided that her father is acting strangely. You should ascertain exactly what he is doing and whether or not it actually affects the children's safety. If it does, the court can address it.
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