Visitation - Children - Firearms

[Praxidike]

I'm a concealed carry holder in my state, I have no criminal record other that minor traffic tickets, and I have no protection orders or mental problems.

My ex wife is extremely liberal and is 100% anti-gun which is strange because here father is a hunter and eats venison (she has as well). Anyway, at a recent custody visitation hearing, she found out that I legally own a firearm, and she brought it to the judges attention as if I was committing a crime or was some how a danger because of it. In the finial visitation order, the liberal judge stated that I'm not allowed to have my firearm when my child is around. Basically, I can not legally conceal carry or have my firearms in my home during my visitation. Now, I could understand this if there was any history of me legally exercising my 2nd amendment rights somehow endangered my children in the past (like me leaving a loaded gun on laying around), or even if I had a violent criminal past, but I do not.

My question is, can this legally be enforced and is this even legal for a family court judge to right into a visitation order?

 

[LemmyCaution]

Family law is a Constitution free zone. You can hire a lawyer, but you'll likely be throwing money away, and most lawyers will tell you exactly that.

Oh! The things we do in the best interests of the children!

BTW- How do you know the judge is a liberal?

 

[rondog]

You'd be better off asking a local divorce/custody attorney than asking on an international gun forum. Get it from someone who deals with your local laws all the time. But I have to say that order stinks!

 

[Praxidike]

Family law is a Constitution free zone. You can hire a lawyer, but you'll likely be throwing money away, and most lawyers will tell you exactly that.

Oh! The things we do in the best interests of the children!

BTW- How do you know the judge is a liberal?

because I live in a gun friendly state where it's common for families (wife and kids) to hunt and/or have firearms safely tucked away in the home. There's no reason for a judge to eliminate my rights to protect myself and my child unwarranted unless he has some type of liberal views on the subject...

I guess I'll have to contact a lawyer who knows the judges in the area and how they think.

You'd be better off asking a local divorce/custody attorney than asking on an international gun forum. Get it from someone who deals with your local laws all the time. But I have to say that order stinks!

Thanks I plan on it

 

[beatledog7]

The order bites, but it's not a 2A issue. Very little about such orders is rational or fair.

 

[Hanzo581]

She could have asked for any stipulation and the judge would have gone for it. Women hold 100% of the power in situations like this. You can be the most stand up guy in the world but that won't matter one bit. I would not waste my money on a lawyer.

 

[Frank Ettin]

...I guess I'll have to contact a lawyer...

Yes.

In general family law judges have very broad discretion in fashioning their orders, especially with regard to visitation and custody. You now have a serous real life legal problem.

You need the real world help of a qualified lawyer to try to sort things out. You don't need to be discussing this out in public with a bunch of anonymous denizens of cyberspace. What you discuss with your lawyer is confidential. What you post here is not.

So I'm closing this. The OP doesn't need to be discussing his personal legal business with strangers in public.