I have a protective order against my ex forbidding him from any contact from myself as well as our child. Will this affect visitation for him when we go to court? Will the judge grant him visitation or does the protective order supercede the standard visitation rights? I am a student again and I can't afford an attorney, so I am going through the Texas Attorney General. I understand that when support is ordered that standard visitation is also given. My son is under 2 and there is absolutely no way he will go anywhere with him. He is dangerous and strung-out on meth (and who knows what else). He is also awating a court hearing to be sentenced for Felony charges of "engaging in organized criminal activity" for dealing drugs. I know that can't look good on his part, but I have the worst luck. Any suggestions for court? We go to court anyday, so I'm so nervous that I don't sleep. Our son is precious and he would not be taken care of. HELP!
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This is certainly not legal advice, since I am not an attorney, however, I am a court advocate for a women's shelter in the State of Arkansas. In cases that I have seen like yours I can only give my opinion...

In your case, I would ask the Judge that orders child support that you are asking that no visitation be given at this time or least supervised visitation if he won't agree to none. I would bring any evidence/proof or witnesses of his drug and criminal activity and your Order of Protection with you to your child support hearing also. Prove this guy is not one to be trusted with your child at this time. You can ask that provisions be put on his getting future visitation also... ask that he take a drug test to prove he is clean. I don't know what the grounds for your Order of Protection were but I would assume it had something to do with domestic violence. If so, you could also request he take some sort of anger management or parenting courses before he is granted any visitation. To those in your position, I just say to at least ASK and all the Judge can say is "no".

Also, you may want to look into resources to get an attorney before your hearing. You try to get Legal Aid or some sort of low-income legal representation. I don't know what it is called in Texas but if you contact the Texas Bar Association, they should be able to put you in contact with someone that does pro-bono (free) work or low-income work.

Another resource I find very helpful is a website called womenslaw.org. Go to their website and pick Texas and it should come up with information specific to Texas and look into family law, child support/visitation and Protection Orders.

I hope this helps. Good luck to you and let me know how it turns out.
scarter_bcws@yahoo.com

Given his criminal history, I do not think there will be any visitation, likely a no contact order put in place permanently and I would ask that it be written into the court's orders regarding custody and visitation. Also, if you have not asked for it, make sure you have sole custody with no visition and no contact from the father. Protective order is from a criminal court, so would not be trumped by a visitation in a court order. The protective order would need to be dissolved for visitation to occur.