Supervised visitaion

[thehigherroad]

What is the name of your state? California

I am asking this question for my brother. He has full custody of his 2 kids (under 13) and their mom has supervised visits only due to drug use. This has been the situation for about 5 years. He has stayed in contact with their mom and she is now clean (she took a home test for him), working and has a place to stay. He has been letting her see them overnight unsupervised and things were going good. She now wants full custody. My question is: will the fact that he has let her see them unsupervised be a problem for him? He doesnt think she will get full custody, he wants her to see them and have a fair amount of visitation but is now scared to let them go with her overnight in case it will reflect poorly on him in court. He is not as much worried that she will use it against him but that the court will be angry that he allowed it. He only did this when he felt the kids would be safe because he knows how important it is for them to see her. Should he keep letting them go?

 

[Isis1]

if dad agrees that the children are safe with mom, then why would he yank the status quo as it is?

custody change requires a change of circumstance for the child. what has changed for the kids to warant a change of custody to mom?

 

[casa]

What is the name of your state? California

I am asking this question for my brother. He has full custody of his 2 kids (under 13) and their mom has supervised visits only due to drug use. This has been the situation for about 5 years. He has stayed in contact with their mom and she is now clean (she took a home test for him), working and has a place to stay. He has been letting her see them overnight unsupervised and things were going good. She now wants full custody. My question is: will the fact that he has let her see them unsupervised be a problem for him? He doesnt think she will get full custody, he wants her to see them and have a fair amount of visitation but is now scared to let them go with her overnight in case it will reflect poorly on him in court. He is not as much worried that she will use it against him but that the court will be angry that he allowed it. He only did this when he felt the kids would be safe because he knows how important it is for them to see her. Should he keep letting them go?

1.) Not to be suspicious but never trust a home drug test...especially when dealing with an X drug addict.

2.) CA requires a Significant Change of Circumstance to change Custody. There is no change in circumstance for the CHILD in this case. It doesn't matter if Mom or Dad's situation changes, only that the child remains in the existing situation unless/until Court action is filed & a Judge rules otherwise.

3.) It will not reflect poorly on Dad, it will HELP show Dad is willing to facilitate a relationship between Mom & kids. That only helps strengthen Dad's Custody.

 

[thehigherroad]

Thank you. That is what I thought but I didn't know for sure. That is true about the home test, but her actions and behavior seem to back it up though, so hopefully its true.