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Can Supervised Visitation be Supervised by someone appointed by temporary guardian?

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DebbieTX

Junior Member
What is the name of your state? Texas

While waiting for a temporary custody hearing (we only have interim orders), my children are living with their Aunt and Uncle. My soon-to-be-ex made up a lot of false accusations and the judge didn't know who to believe so he didn't let either of us have custody.

The CO says that I may have supervised visitation at the Aunt & Uncle house or anywhere else supervised by them. If the Aunt & Uncle are out of town, the children have a lady that takes care of them. It is fine with the Aunt & Uncle if I see the children with the babysitter, but my soon-to-be ex (their father) says that is against the CO.

We have had prior verbal permission for me to be with the children with a babysitter, but, this weekend the Aunt & Uncle are out of town and my ex said if I go see them he will call CPS or the police.

Looking at the definition of supervised in the dictionary, I would think that as long as the Aunt & Uncle are in agreement that then they are supervising the visitation. Does anyone know exactly what "supervised" means?

I am not going this weekend to visit, but, would like to meet them at church tomorrow. Would that be a violiation of the CO.

My ex is out of the country, so he thinks if he can't see them I shouldn't either. Lucking I do get to see them most every weekend as they do need their parents in their life, this has been going on for 6 months now. Thanks so much for any input you can give.
 


casa

Senior Member
DebbieTX said:
What is the name of your state? Texas

While waiting for a temporary custody hearing (we only have interim orders), my children are living with their Aunt and Uncle. My soon-to-be-ex made up a lot of false accusations and the judge didn't know who to believe so he didn't let either of us have custody.

The CO says that I may have supervised visitation at the Aunt & Uncle house or anywhere else supervised by them. If the Aunt & Uncle are out of town, the children have a lady that takes care of them. It is fine with the Aunt & Uncle if I see the children with the babysitter, but my soon-to-be ex (their father) says that is against the CO.

We have had prior verbal permission for me to be with the children with a babysitter, but, this weekend the Aunt & Uncle are out of town and my ex said if I go see them he will call CPS or the police.

Looking at the definition of supervised in the dictionary, I would think that as long as the Aunt & Uncle are in agreement that then they are supervising the visitation. Does anyone know exactly what "supervised" means?

I am not going this weekend to visit, but, would like to meet them at church tomorrow. Would that be a violiation of the CO.

My ex is out of the country, so he thinks if he can't see them I shouldn't either. Lucking I do get to see them most every weekend as they do need their parents in their life, this has been going on for 6 months now. Thanks so much for any input you can give.
Do you have an attorney? Do the children have an attorney? If so, ask one of them. This would most likely depend on the judge's discretion. If it isn't spelled out in the temporary order- avoid anything that isn't exactly addressed (to be on the safe side).

When the Aunt & Uncle come back, ask that they contact the court to find out how to consent to your visiting under the supervision of the caretaker in their absence. So, at the very least you have something in writing in case the issue is pressed by your X.
 

DebbieTX

Junior Member
Yes, I have an attorney. And, my children have an amicus attorney that was appointed by the court. It was the amicus attorney that verbally stated it was OK for me to visit with the children with anyone else their that was approved by the Aunt & Uncle.

Thanks for your advice. I just hate the disappointment my children had when they found out I couldn't visit this weekend like usual. That is why I thought that if I met them at church, they could see me. But, sounds like I better wait until I can get something in writing. Don't want to give my X an ammunition.

This has been the worst nightmare of my life, 6 months without my children who I have taken care off everyday of their life.

I like the quote on your reply, it so applies to my situation. This has not destroyed me, it has shown me that I am much stonger that I ever imagined.
 

LdiJ

Senior Member
DebbieTX said:
Yes, I have an attorney. And, my children have an amicus attorney that was appointed by the court. It was the amicus attorney that verbally stated it was OK for me to visit with the children with anyone else their that was approved by the Aunt & Uncle.

Thanks for your advice. I just hate the disappointment my children had when they found out I couldn't visit this weekend like usual. That is why I thought that if I met them at church, they could see me. But, sounds like I better wait until I can get something in writing. Don't want to give my X an ammunition.

This has been the worst nightmare of my life, 6 months without my children who I have taken care off everyday of their life.

I like the quote on your reply, it so applies to my situation. This has not destroyed me, it has shown me that I am much stonger that I ever imagined.
If the amicus attorney said that it was ok....then its really not a problem. Contact the amicus attorney again and explain your problem. Hopefully he/she will do something to help you with this.
 

casa

Senior Member
DebbieTX said:
Yes, I have an attorney. And, my children have an amicus attorney that was appointed by the court. It was the amicus attorney that verbally stated it was OK for me to visit with the children with anyone else their that was approved by the Aunt & Uncle.

Thanks for your advice. I just hate the disappointment my children had when they found out I couldn't visit this weekend like usual. That is why I thought that if I met them at church, they could see me. But, sounds like I better wait until I can get something in writing. Don't want to give my X an ammunition.

This has been the worst nightmare of my life, 6 months without my children who I have taken care off everyday of their life.

I like the quote on your reply, it so applies to my situation. This has not destroyed me, it has shown me that I am much stonger that I ever imagined.
If the children's attorney said it was OK, then it's OK. ;) The father won't get very far complaining about it. Did you tell the father the children's attorney OK'd it?
 

DebbieTX

Junior Member
I can't talk to him, when I have tried he makes up things about the conversation and passes it on to the amicus attorney and CPS. We all know how ugly it gets. I will call the amicus attorney on Monday and see if she can clarify it in writing for us. As for this weekend, I may just go to church where they will be. I can't imagine that could be found wrong (at least I hope not).

Thanks for your help. It is so difficult understanding the legal aspect of being able to see your own children, especially, when you have done nothing but be a good mother. We finally have our temporary order hearing the end of this month, so hopefully, this part of it will be over.
 

casa

Senior Member
DebbieTX said:
I can't talk to him, when I have tried he makes up things about the conversation and passes it on to the amicus attorney and CPS. We all know how ugly it gets. I will call the amicus attorney on Monday and see if she can clarify it in writing for us. As for this weekend, I may just go to church where they will be. I can't imagine that could be found wrong (at least I hope not).

Thanks for your help. It is so difficult understanding the legal aspect of being able to see your own children, especially, when you have done nothing but be a good mother. We finally have our temporary order hearing the end of this month, so hopefully, this part of it will be over.
Hope this helps: A children's attorney as well as CPS proved to be a godsend in my own case with my nuttyX. I've been through the ringer & back...and still the insanity continues. :( I do hope this hearing is the end of this for you. Have faith~ If you are a fit parent, that will come out. :)
 

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