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Daughter’s Dad Got Arrested During A Supervised Visit

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Location: Colorado My (13y/o) daughter’s dad got arrested on Friday night when she was with him. She came home and told me that he was arrested for breaking his probation. He was charged with domestic violence, kidnapping, and a few other charges from his ex. He’s been on probation and doing anger management and drug/alcohol classes.

A week before he was arrested the first time, I was granted a temporary parenting time restriction because he was in a toxic relationship and he was being violent towards my daughter and his partner. (Screaming, breaking household items, punching mirrors, grabbing daughter by the neck, slamming on the breaks on the highway, etc). The restriction was put in place over a year ago with the agreement being that he wouldn’t have unsupervised visitation until he went to therapy and did classes. The plan was for him to get his life together and then his parenting time would be given back. My daughter completed her court ordered therapy 6 months ago. Her dad never completed any of his court ordered stuff and has only been spending time with her maybe twice a month.

One of the two times he saw her in June, he was being taken away in handcuffs by officers and even through all the therapy and healing my daughter has had this past year, this is all taking a toll on her and she’s going back to therapy.

Is there something I can file with the court to permanently restrict his parenting time? Or would this be the same as essentially filing for full custody with no overnights at his house?

Can my daughter speak to the judge as she has expressed not wanting to go with her dad but she feels scared to say no because he blows up? I have repeatedly asked him to only contact me about spending time with her and he continues to call her and ask if she’d like to go to his house. If she says no he blows up and tells her things like “get fucked then” and “okay you’re dead to me” (judge knows this, judge still says he can call whenever he wants) I will take matters into my own hands and block his number from her phone if he continues to do this.

Is my best option to file for full custody despite our open case with the court?

The judge for his domestic violence charges and our open case is the same judge if that matters at all. I happened to file an emergency parenting time restriction a week before he was arrested for brutally terrorizing his girlfriend at the time.

I also should add that the judge approved his mother to be the supervisor during visitation.

Editing to add: since my daughter has been staying with me full time, she’s opened up about a lot things her dad has done that I did not know about including: -blowing his vape smoke in her face (she’s been seen in the children’s hospital and ER many times because of her asthma (diagnosed at 4y/o). -in her words “he shotgunned a beer driving down main (a local street) -he punched her in the face because she bumped into his phone and it fell on his face while he was holding it above him watching it

submitted by /u/OkFollowing1749
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