what to do about supervised visitation

[Suntor]

What is the name of your state?New York , I have sole legal and physical custody of my grandchild and have since birth, 8 years ago. mother is deceased and dad came back into his life five years ago after being in jail and on drugs. visitation was agreed upon with 4 hours per week minimum and anything I agreed to above that. he was sober for two years and was seeing the child several times a week including overnights. two years ago he was arrested again for credit card fraud. I had no idea as his family kept it from me until he was finally sentenced to probation. his visitation became sporadic about a year ago and I insisted on a waiver from his methadone clinic for access to his weekly drug tests in order to go above the 4 hour minimum. he started testing positive so I asked for back test results and found out he was using drugs for months. went back to court and stipulation of agreement was filed that he would have supervised visitation until he had 90 days of negative drug tests, well its been 90 days and 100% of his tests have been positive for multiple drugs. he has also only had 3 supervised visits as he hasn't requested more. he just violated probation because of the drug tests and was just arrested again for a drug related b felony . can I get even the supervised visits stopped????

 

[adjusterjack]

can I get even the supervised visits stopped????

You can certainly petition the court to stop the visits.

But why not wait and see. The felony prosecution may take care of that for you by sending him to prison. Then you can keep track of his incarceration and revisit the issue when he gets out.

 

[LdiJ]

What is the name of your state?New York , I have sole legal and physical custody of my grandchild and have since birth, 8 years ago. mother is deceased and dad came back into his life five years ago after being in jail and on drugs. visitation was agreed upon with 4 hours per week minimum and anything I agreed to above that. he was sober for two years and was seeing the child several times a week including overnights. two years ago he was arrested again for credit card fraud. I had no idea as his family kept it from me until he was finally sentenced to probation. his visitation became sporadic about a year ago and I insisted on a waiver from his methadone clinic for access to his weekly drug tests in order to go above the 4 hour minimum. he started testing positive so I asked for back test results and found out he was using drugs for months. went back to court and stipulation of agreement was filed that he would have supervised visitation until he had 90 days of negative drug tests, well its been 90 days and 100% of his tests have been positive for multiple drugs. he has also only had 3 supervised visits as he hasn't requested more. he just violated probation because of the drug tests and was just arrested again for a drug related b felony . can I get even the supervised visits stopped????

I agree with the previous response you received but will add a bit more info. To get the supervised visits stopped you would have to demonstrate that they were not safe for the child even with supervision. That can be difficult to do and the legal fees could get costly. If he is asking for few visits and there is a chance he is going to jail again then save your money and wait and see what happens. At least there is no chance that you will have to leave the child alone with him any time soon.

 

[Suntor]

You can certainly petition the court to stop the visits.

But why not wait and see. The felony prosecution may take care of that for you by sending him to prison. Then you can keep track of his incarceration and revisit the issue when he gets out.

Mostly because cases take a year to be resolved and in NY with the new bail reform laws hes out!!!

 

[Suntor]

I agree with the previous response you received but will add a bit more info. To get the supervised visits stopped you would have to demonstrate that they were not safe for the child even with supervision. That can be difficult to do and the legal fees could get costly. If he is asking for few visits and there is a chance he is going to jail again then save your money and wait and see what happens. At least there is no chance that you will have to leave the child alone with him any time soon.

It could be a year before he goes to jail , cases take forever in NY and he has drugs in his system every single visit

 

[Ohiogal]

And how is supervision NOT keeping the child safe? You seem to want to totally rid your grandchild of his father.

 

[Suntor]

And how is supervision NOT keeping the child safe? You seem to want to totally rid your grandchild of his father.

the supervisor is a relative of the father who has stated concerns because the father is intoxicated during the visit , telling the child lies and even accused the child of probably doing illegal things too!! He is also a drug dealer who associates with other drug dealers and they are out in public places so yes is that the kind of person who you would want an 8 year old child around.

 

[LdiJ]

Then the supervisor may not be doing their job properly. What are the rules of the supervision? Maybe it needs to take place at a supervision center.

 

[adjusterjack]

the supervisor is a relative of the father who has stated concerns because the father is intoxicated during the visit , telling the child lies and even accused the child of probably doing illegal things too!! He is also a drug dealer who associates with other drug dealers and they are out in public places so yes is that the kind of person who you would want an 8 year old child around.

Do you have the option to supervise the visits yourself?

 

[Suntor]

Then the supervisor may not be doing their job properly. What are the rules of the supervision? Maybe it needs to take place at a supervision center.

just that he maintains sobriety and he told the judge he was clean for several months and we both believed him at the time, he immediately agreed the supervised visitation when a hair follicle test was suggested so I should have known. maybe asking for a court appointed supervisor is a good idea

 

[Suntor]

Do you have the option to supervise the visits yourself?

it never came up because we agreed on his relative but honestly no . we got along good for the two years that he was sober but after going back to drugs and committing multiple felonies in the past couple of years were not exactly friendly anymore

 

[Ohiogal]

the supervisor is a relative of the father who has stated concerns because the father is intoxicated during the visit , telling the child lies and even accused the child of probably doing illegal things too!! He is also a drug dealer who associates with other drug dealers and they are out in public places so yes is that the kind of person who you would want an 8 year old child around.

How do they know the father is intoxicated? There is caselaw that exists that states that laypeople can't determine intoxication... If the visit is supervised, there is no danger. You can also have a non related supervisor -- a professional -- if the supervisor is not named in the order.

 

[Ohiogal]

Then the supervisor may not be doing their job properly. What are the rules of the supervision? Maybe it needs to take place at a supervision center.

Case law exists that says that lay people cannot determine if someone is under the influence.

 

[Suntor]

How do they know the father is intoxicated? There is caselaw that exists that states that laypeople can't determine intoxication... If the visit is supervised, there is no danger. You can also have a non related supervisor -- a professional -- if the supervisor is not named in the order.

 

[Suntor]

The supervisor is named and by coincidence 2 ou

Case law exists that says that lay people cannot determine if someone is under the influence.

that may be but by coincidence two out of the last 3 visits fell on testing days the morning of. Of course toxicology comes back several days later and both times the test were positive for 3 different illicit drugs so the supervisor was right