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  1. #1
    LifesPeachy is offline Member
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    phone visitation?

    What is the name of your state (only U.S. law)? DE

    My ex-husband was ordered supervised visitation in a center because he had physically abused our daughter during one of his visits. It wasnt the first time abuse had occurred and court action was taken.

    The new court order does not specify telephone visitation. The standard visitation order, which is no longer in effect, does.

    So my question is, does he still have rights to telephone visitation?

    Its been a couple of months since he was ordered supervised visitation and he has not set it up however he was showing up at her school and sports practices and calling her frequently. He is trying to get as much visitation with her as possible, without setting up the visitation he was ordered to do. He thinks he has not done anything wrong. FYI- he was offered public visitation (such as school, sports, restaurants, etc) in exchange for a psychological evaluation, but declined it because he didn't think he did anything wrong and wanted to face the judge instead. The judge ordered supervised visitation because of his history and what the judge perceived to be a clear physical and emotional threat to our daughter.

    Thanks in advance for your replies.
  2. #2
    Artemis_ofthe_Hunt is offline Senior Member
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    Quote Originally Posted by LifesPeachy View Post
    What is the name of your state (only U.S. law)? DE

    My ex-husband was ordered supervised visitation in a center because he had physically abused our daughter during one of his visits. It wasnt the first time abuse had occurred and court action was taken.

    The new court order does not specify telephone visitation. The standard visitation order, which is no longer in effect, does.

    So my question is, does he still have rights to telephone visitation?


    Its been a couple of months since he was ordered supervised visitation and he has not set it up however he was showing up at her school and sports practices and calling her frequently. He is trying to get as much visitation with her as possible, without setting up the visitation he was ordered to do. He thinks he has not done anything wrong. FYI- he was offered public visitation (such as school, sports, restaurants, etc) in exchange for a psychological evaluation, but declined it because he didn't think he did anything wrong and wanted to face the judge instead. The judge ordered supervised visitation because of his history and what the judge perceived to be a clear physical and emotional threat to our daughter.

    Thanks in advance for your replies.
    This might be a long shot, but why is the standard visitation no longer in effect? What does the new court order say, verbatim on visitation? As far as I know, you are not required by law to do anything other than what the court order states. Standby for more replies.
  3. #3
    waitinMd is offline Member
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    The supervised visitation is now your current order, so that is what your ex gets. ALL other visitation is void, until the judge says otherwise.
  4. #4
    mom482 is offline Member
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    if visitation is to be supervised, that would include phone visitation. if the order says all visitation is to occur in a center. why are you allowing him to visit in other settings such as school events if you have an order saying his contact w/ the child is to be in a supervised setting/center?
  5. #5
    LifesPeachy is offline Member
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    Quote Originally Posted by mom482 View Post
    if visitation is to be supervised, that would include phone visitation. if the order says all visitation is to occur in a center. why are you allowing him to visit in other settings such as school events if you have an order saying his contact w/ the child is to be in a supervised setting/center?
    We aren't 'allowing' him - he just turns up, and we find out later. She's now out of all extra curriculars, and her school knows he's not allowed to turn up.

    should_I_ask - the standard visitation order is no longer in effect because the judge ordered supervised visitation only. This order simply says visitation is to be at a supervised visitation centre. It says nothing about telephone or any other visitation.
  6. #6
    waitinMd is offline Member
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    Quote Originally Posted by LifesPeachy View Post
    We aren't 'allowing' him - he just turns up, and we find out later. She's now out of all extra curriculars, and her school knows he's not allowed to turn up.

    should_I_ask - the standard visitation order is no longer in effect because the judge ordered supervised visitation only. This order simply says visitation is to be at a supervised visitation centre. It says nothing about telephone or any other visitation.
    then that is all he gets.... "supervised visitation at a visitation center"

    the judge did it for a reason...
  7. #7
    LifesPeachy is offline Member
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    Quote Originally Posted by waitinMd View Post
    then that is all he gets.... "supervised visitation at a visitation center"

    the judge did it for a reason...
    - Thanks. That's what I thought, but just wanted to hear how others interpreted it, as my ex-husband is threatening to take me to court for denying telephone visitation.
  8. #8
    waitinMd is offline Member
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    facilitated visitation (at a center) is different from supervised visitation, in that they have trained persons there to watch the interaction between the parent and child. Supervised visitation could be his mother, family member... and so on.

    It is a shame you took the child out of sports because of him, I would have checked into that before I did it.
  9. #9
    LifesPeachy is offline Member
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    Quote Originally Posted by waitinMd View Post
    facilitated visitation (at a center) is different from supervised visitation, in that they have trained persons there to watch the interaction between the parent and child. Supervised visitation could be his mother, family member... and so on.

    It is a shame you took the child out of sports because of him, I would have checked into that before I did it.
    It was the end of the 'season' for her sport, so she didn't actually miss out on anything.
  10. #10
    waitinMd is offline Member
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    how old is the child?

    I would investigate your options as far as sports and school activities are concerned. Spring sports will be next, or there may be Holiday activities such as a show or play. It would be better to find out now what recourse you have in those situations, then to wait until it becomes a problem.
  11. #11
    Artemis_ofthe_Hunt is offline Senior Member
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    Quote Originally Posted by LifesPeachy View Post
    We aren't 'allowing' him - he just turns up, and we find out later. She's now out of all extra curriculars, and her school knows he's not allowed to turn up.

    should_I_ask - the standard visitation order is no longer in effect because the judge ordered supervised visitation only. This order simply says visitation is to be at a supervised visitation centre. It says nothing about telephone or any other visitation.
    I am going to co-sign waitinMD's statements then. Only thought there could have been another reason the older order was no longer in effect.
  12. #12
    Sculptor is offline Member
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    There is a similar order against my ex. In my case, he was issued a no contact order, outside of the supervised visitation center and/or a therapeutic setting. No contact means that...no sports, no plays, no school anything, no showing up at our home. It also included phone, e-mail, etc., until recently, when the judge changed it. Now, e-mails can go through me and phone calls are supervised by me, ONLY as my daughter initiates them. You might want to check about the "no contact" in your orders, to tighten up boundaries.

    I also informed all school personel, certain friends' parents and coaches. There's never been a problem with extr curriculars.

    Good luck,
    Sculptor
  13. #13
    LifesPeachy is offline Member
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    Quote Originally Posted by waitinMd View Post
    how old is the child?

    I would investigate your options as far as sports and school activities are concerned. Spring sports will be next, or there may be Holiday activities such as a show or play. It would be better to find out now what recourse you have in those situations, then to wait until it becomes a problem.
    Daughter is 7. If I enroll her in any other extra curricular activities the father won't be told about it, because as far as I understand it, I'd be under no obligation to do so. My Daughter was actually on her summer visit with father when her last sport activity started, so he obviously had to know about it.

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