If I just found out that my daughter’s father had a bench warrant issued against him, am I leagally allowed to suspend his visitation rights?

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If I just found out that my daughter’s father had a bench warrant issued against him, am I leagally allowed to suspend his visitation rights?

My daughter’s father and I have 50/50 custody. The warrant is for an unpaid ticket (not sure if it was DUI or driving after revocation).

Asked on October 24, 2012 under Family Law, Wisconsin

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A warrant itself does not usually give you the right to unilaterally suspend his visitation rights.  If his visitation rights are set out by a court order, then he has the rights set out in that order until a judge says otherwise.  In rare cases, the judge will list certain conditions in which the custodial parent can suspend rights without going back into court.  If this type of provision is not included in your orders, then you will have to file a motion to modify the visitation schedule with the court.  Before you do so, you need to find out more about this warrant.  The more serious the offense or more risk associated to the child, the more likely a judge will be to grant a motion to modify the visitation schedule. 


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