+ Reply to Thread
Results 1 to 3 of 3
  1. #1
    JessicaWalker is offline Junior Member
    Join Date
    May 2009
    Posts
    1

    Do I have a chance at making it supervised visitation?

    I live in Michigan and have sole physical custody of my almost two year old son. His father left well over a year ago for vacation to California and never came back. He is now telling me I have to let my son be around his family who are completely unfit, and that when he comes back he will be taking my son. I have also had threats from his current girlfriend of her taking my son from me also, and not legally. My sons father is on drugs, drinks alot, and has in the past been in and out of the hospital for being mentally unstable. He has two sisters one has a convicted felon of man slaughter living with her( who is off parole now), the other has child neglect on her record. His mother (my sons grandmother) also has child neglect on her record. I dont want to take my son away from his father I want him to have supervised visitation. What are my chances? and how do I prove these things?What is the name of your state (only U.S. law)?
  2. #2
    proud_parent is offline Senior Member
    Join Date
    Apr 2007
    Location
    Stranded
    Posts
    2,564
    Quote Originally Posted by JessicaWalker View Post
    I live in Michigan and have sole physical custody of my almost two year old son. His father left well over a year ago for vacation to California and never came back. He is now telling me I have to let my son be around his family who are completely unfit, and that when he comes back he will be taking my son.
    Is there a current court order establishing Dad's right to visitation/parenting time?

    If the answer is NO, you are not obligated to make the child available to Dad or to his family. Let Dad petition the court to establish his right to parenting time.

    If the answer is YES, you need to comply with the existing order or risk being found in contempt. If you hope to have the Court modify the existing order before Dad returns, you need to petition now.
    Quote Originally Posted by JessicaWalker View Post
    I have also had threats from his current girlfriend of her taking my son from me also, and not legally. My sons father is on drugs, drinks alot, and has in the past been in and out of the hospital for being mentally unstable. He has two sisters one has a convicted felon of man slaughter living with her( who is off parole now), the other has child neglect on her record. His mother (my sons grandmother) also has child neglect on her record.
    What is your proof of these allegations? IF you have proof of the allegations, what is your proof that your child's welfare is endangered?

    Quote Originally Posted by JessicaWalker View Post
    I dont want to take my son away from his father I want him to have supervised visitation.
    Expect that even IF a court orders supervised visits, a graduated plan will be ordered. If Dad complies with the plan, he WILL earn the right to unsupervised parenting -- and you WILL NOT have the authority to dictate where or with whom he chooses to spend that time. Get used to that concept now.

    Quote Originally Posted by JessicaWalker View Post
    What are my chances?
    No one can say for certain. Given the child's age*, if you can prove that Dad has not exercised any parenting time for a year, you may have a better than even shot that supervised visits would be ordered.

    Quote Originally Posted by JessicaWalker View Post
    ... and how do I prove these things?
    If you have to ask how, chances are that you cannot prove them. Which means that you'd be better off investing your energy into facilitating your son's reintroduction to his father.


    *ETA
    Last edited by proud_parent; 05-05-2009 at 01:36 PM.
  3. #3
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    64,301
    Quote Originally Posted by proud_parent View Post
    Is there a current court order establishing Dad's right to visitation/parenting time?

    If the answer is NO, you are not obligated to make the child available to Dad or to his family. Let Dad petition the court to establish his right to parenting time.

    If the answer is YES, you need to comply with the existing order or risk being found in contempt. If you hope to have the Court modify the existing order before Dad returns, you need to petition now.

    What is your proof of these allegations? IF you have proof of the allegations, what is your proof that your child's welfare is endangered?


    Expect that even IF a court orders supervised visits, a graduated plan will be ordered. If Dad complies with the plan, he WILL earn the right to unsupervised parenting -- and you WILL NOT have the authority to dictate where or with whom he chooses to spend that time. Get used to that concept now.

    No one can say for certain. Given the child's age*, if you can prove that Dad has not exercised any parenting time for a year, you may have a better than even shot that supervised visits would be ordered.


    If you have to ask how, chances are that you cannot prove them. Which means that you'd be better off investing your energy into facilitating your son's reintroduction to his father.


    *ETA
    While I agree with all of this advice, I would like to emphasize that mom will never be under any obligation to prove visitation to dad's family. She cannot stop dad from taking the child to visit his family during his time, but she does not have to allow dad's family to exercise his time if dad is physically located in another state.

Similar Threads

  1. Is there a way or a chance I can get supervised visits?
    By lukey0024 in forum Child Custody & Visitation
    Replies: 28
    Last Post: 03-22-2012, 11:50 AM
  2. supervised visitation
    By DaBuggy1 in forum Child Custody & Visitation
    Replies: 1
    Last Post: 06-21-2005, 09:15 AM
  3. Replies: 6
    Last Post: 06-04-2005, 12:59 PM
  4. Supervised Visitation vs Unsupervised Visitation
    By divorcebound in forum Child Custody & Visitation
    Replies: 0
    Last Post: 05-18-2004, 07:42 AM
  5. Supervised Visitation vs Unsupervised Visitation
    By divorcebound in forum Child Custody & Visitation
    Replies: 2
    Last Post: 05-10-2004, 12:59 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.