What is the name of your state (only U.S. law)? Oregon
Well, as I expected, my ex has had me served with a motion to modify our visitation schedule. She told me she would be doing so a few weeks ago, as her grandparents have decided to pay her legal bill (again).
Quick background: I am legally established dad. Mom has supervised visitation due to her BF abusing DD. Child services stepped in and I received and emergency order. Mom and I agreed to our current order in mediation and it was approved by a judge.
Now mom and same BF that abused daughter have their own child. Mom was told that if she did not cooperate with CPS, the newborn would be placed in foster care. So mom and BF completed counseling and parenting classes per CPS and BF is now allowed unsupervised visits with his children, who had been removed from his home. He was never convicted of abuse, as the DA stated that since my 16-month-old daughter could not verbalize what happened, they had no evidence (other than my daughter being hospitalized several times and suffering injuries that would have require severe force to be used
).
Now, from what I can tell, my ex is not seeking to modify the visitation schedule as stated in the plan for when her time is no longer supervised, but rather the terms for unsupervised visitation. Our order states that she is to seek counseling, take parenting classes and have no contact with her BF, whom she admitted she saw abuse our DD (though she later recanted). She is to send proof of completing her requirements to my lawyer, then petition for unsupervised visits.
Well, since agreeing to the order 1 1/2 years ago, she has had a child with her BF and generally made it clear that she is willing to give up an active role in our daughter's life to keep sleeping with this guy. Based on this new motion, it seems that she thinks because BF was not convicted and they have worked with CPS, that she can now have unsupervised visits, which entails daughter having overnights in the home of mom and her BF.
I have an appointment with my lawyer in 2 weeks, but am wondering if a judge would even consider granting unsupervised visitation now. It states very clearly in our order "based on a pattern of abuse, DD shall not be in the presence of BF, and the court shall be satisfied that Mom is not in contact with BF before granting unsupervised parenting time to Mom." So now she is seeking to modify the requirements to receiving unsupervised visitation because the BF is "no longer a threat" now that he took a parenting class and counseling and "a non-contact order at this point is impossible, as Mom and BF are seeking to actively co-parent New Baby."
Sorry that is so long and I hope I didn't make it too confusing.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Well, as I expected, my ex has had me served with a motion to modify our visitation schedule. She told me she would be doing so a few weeks ago, as her grandparents have decided to pay her legal bill (again).
Quick background: I am legally established dad. Mom has supervised visitation due to her BF abusing DD. Child services stepped in and I received and emergency order. Mom and I agreed to our current order in mediation and it was approved by a judge.
Now mom and same BF that abused daughter have their own child. Mom was told that if she did not cooperate with CPS, the newborn would be placed in foster care. So mom and BF completed counseling and parenting classes per CPS and BF is now allowed unsupervised visits with his children, who had been removed from his home. He was never convicted of abuse, as the DA stated that since my 16-month-old daughter could not verbalize what happened, they had no evidence (other than my daughter being hospitalized several times and suffering injuries that would have require severe force to be used
).Now, from what I can tell, my ex is not seeking to modify the visitation schedule as stated in the plan for when her time is no longer supervised, but rather the terms for unsupervised visitation. Our order states that she is to seek counseling, take parenting classes and have no contact with her BF, whom she admitted she saw abuse our DD (though she later recanted). She is to send proof of completing her requirements to my lawyer, then petition for unsupervised visits.
Well, since agreeing to the order 1 1/2 years ago, she has had a child with her BF and generally made it clear that she is willing to give up an active role in our daughter's life to keep sleeping with this guy. Based on this new motion, it seems that she thinks because BF was not convicted and they have worked with CPS, that she can now have unsupervised visits, which entails daughter having overnights in the home of mom and her BF.
I have an appointment with my lawyer in 2 weeks, but am wondering if a judge would even consider granting unsupervised visitation now. It states very clearly in our order "based on a pattern of abuse, DD shall not be in the presence of BF, and the court shall be satisfied that Mom is not in contact with BF before granting unsupervised parenting time to Mom." So now she is seeking to modify the requirements to receiving unsupervised visitation because the BF is "no longer a threat" now that he took a parenting class and counseling and "a non-contact order at this point is impossible, as Mom and BF are seeking to actively co-parent New Baby."
Sorry that is so long and I hope I didn't make it too confusing.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
