What is the name of your state (only U.S. law)? Oregon
Long story short, my ex and I have an almost-3-year old daughter. Mom's boyfriend abused our daughter and CPS stepped in. They removed his children from his home and I filed for emergency custody. Mom and I reached an agreement in which she agreed to no contact with our daughter's abuser and counseling in order for her to get non-supervised visitation, per CPS.
That was about 1 1/2 years ago. Since then, mom has had a child with her boyfriend, which CPS has custody of. Now mom has a lawyer for her other daughter's case, who has contacted me about having a meeting between CPS, mom, mom's lawyer and myself to discuss 'expectations' of mom. Mom herself has told me that she and boyfriend (whom she is living with) are both in counseling and getting ready to go to court to get custody of all of 'their' children.
My question is that since she has continually been in a relationship with our daughter's abuser, would a court look at giving her non-supervised visitation if they both obtain counseling? Is it possible to prove to the court that mom has no parental judgment? Our current agreement goes as far as to state that mother must obtain counseling in order to "understand that it is her obligation to protect daughter from any person who presents a danger to her." Currently we have joint custody, with me having all say-so in making decisions for our daughter. I have given extra visitations and encouraged mom to participate in our daughter's life, but I don't see how putting my daughter back with the man who hospitalized her three times is in her best interests.
Long story short, my ex and I have an almost-3-year old daughter. Mom's boyfriend abused our daughter and CPS stepped in. They removed his children from his home and I filed for emergency custody. Mom and I reached an agreement in which she agreed to no contact with our daughter's abuser and counseling in order for her to get non-supervised visitation, per CPS.
That was about 1 1/2 years ago. Since then, mom has had a child with her boyfriend, which CPS has custody of. Now mom has a lawyer for her other daughter's case, who has contacted me about having a meeting between CPS, mom, mom's lawyer and myself to discuss 'expectations' of mom. Mom herself has told me that she and boyfriend (whom she is living with) are both in counseling and getting ready to go to court to get custody of all of 'their' children.
My question is that since she has continually been in a relationship with our daughter's abuser, would a court look at giving her non-supervised visitation if they both obtain counseling? Is it possible to prove to the court that mom has no parental judgment? Our current agreement goes as far as to state that mother must obtain counseling in order to "understand that it is her obligation to protect daughter from any person who presents a danger to her." Currently we have joint custody, with me having all say-so in making decisions for our daughter. I have given extra visitations and encouraged mom to participate in our daughter's life, but I don't see how putting my daughter back with the man who hospitalized her three times is in her best interests.
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