supervised visitation

[Fatherof4]

What is the name of your state? MS

I am trying to get primary custody of my son. I have had temp sole custody since Oct 2003. The next court date will be in the beginning of July. By that time my son will have seen his mother approx 40 days in 3 years (he is 4). If she decides to begin visiting him (she lives in AZ) I want to ask the judge for supervised visitation until they get to know each other better. On to the questions.

Questions 1: What kind of supervised visitation schedule could be set up with the distance? How long could the supervision typically last? If she doesn't visit him during the time period of supervision can she just come get him later. If so, how can I avoid this.

Question 2: Who can supervise the visitation.

 

[I AM ALWAYS LIABLE]

What is the name of your state? MS

I am trying to get primary custody of my son. I have had temp sole custody since Oct 2003. The next court date will be in the beginning of July. By that time my son will have seen his mother approx 40 days in 3 years (he is 4). If she decides to begin visiting him (she lives in AZ) I want to ask the judge for supervised visitation until they get to know each other better. On to the questions.

Questions 1: What kind of supervised visitation schedule could be set up with the distance? How long could the supervision typically last? If she doesn't visit him during the time period of supervision can she just come get him later. If so, how can I avoid this.

Question 2: Who can supervise the visitation.

My response:

You won't get supervised visitation UNLESS she's a danger to the child, or a "flight risk". The courts know that young children are very resiliant and, after the first or second visit, and as the child gets older, your child will immediately know who "mommy" is.

Like I said, unless she's a danger or a flight risk, you have no grounds for this drastic measure. So, you'll just have to cool your jets.

IAAL

 

[Fatherof4]

Cooling. Thanks.

 

[oneandonly]

IAAL

My response:

You won't get supervised visitation UNLESS she's a danger to the child, or a "flight risk". The courts know that young children are very resiliant and, after the first or second visit, and as the child gets older, your child will immediately know who "mommy" is.

Like I said, unless she's a danger or a flight risk, you have no grounds for this drastic measure. So, you'll just have to cool your jets.

IAAL

forgive the hijacking Fatherof4~

IAAL-you've never seen or heard of visitations being supervised (by various individuals) due to little to no contact by the parent?
curious~

 

[tigger22472]

OP.. how often does mom talk to child on the phone or communitcate either through computer or snail mail?

 

[I AM ALWAYS LIABLE]

Re: IAAL

forgive the hijacking Fatherof4~

IAAL-you've never seen or heard of visitations being supervised (by various individuals) due to little to no contact by the parent?
curious~

My response:

In our writer's type of situation, and with the facts as presented, no. Lack of visitation, or little amounts of visitation, is NOT the type of "detriment" under the law that courts consider for requiring supervised visitation.

There must be the potential for "flight risk", or "physical or emotional detriment" to the child, and one that is so significant as to give the court no choice but to order supervised visitation. Any such visitation restriction must be found to be necessary to protect the child's health, safety and welfare, and be compatible with the policy of assuring children frequent, continuing and unfettered contact with both parents.

IAAL

 

[tigger22472]

I'm going to have to go with IAAL on this one I think even before the OP answers my question... there is significant travel distance... all the OP says is "40 days in 3 years"... that's more then ten days a year. It may not seem like a lot but then if there is other communication throughout the year it really isn't all that little. As long as the child KNOWS who mom is is all that really matters unless like IAAL said you can prove her to be a danger to the child.

 

[I AM ALWAYS LIABLE]

I'm going to have to go with IAAL on this one

====================================

My response:

That would be the smart choice.

IAAL

 

[Fatherof4]

Just to answer tigger's question.
The 40 days she saw him was over about 4 months between the end of March 2002 and the end of June 2002. She has called him about 5 times since Oct 2002. She sent him about 5 e-mails a month when he was 3 but since he turned 4 it has been about 1 or 2 every couple of months. He has no idea who she is and this is the reason I wanted to have supervised visitations in the beginning. He has a significant language delay so no matter how many e-mails she sends or how many times I read them to him he has no clue who they are from or what they mean. I just worry that the first time she manages to visit him she will take him to AZ for the summer. It will be like making him go live with a stranger for 6 weeks to 3 months or however long summer visitation will be.

She is not a flight risk or a danger.

Maybe we can work something else out to where he can get to know her.

 

[I AM ALWAYS LIABLE]

Maybe we can work something else out to where he can get to know her.

=====================================

My response:

Yes, it's called "visitation".

IAAL

 

[Fatherof4]

Yes, I hope she will get him for the shorter visits first but I am not sure she will make the effort. She flew to her parents house in GA to visit them for Thanksgiving and Christmas but she could'nt (wouldn't) drive a few hours here to visit with him (he can't leave the state).

Thank you for your responses. I now have a better understanding of supervised visitation.

 

[I AM ALWAYS LIABLE]

My response:

"You can lead a horse to water, but you can't make it drink."

Some women just don't have that "maternal instinct". But, even though they don't, it doesn't mean that they shouldn't have unfettered visitation - - whenever it occurs.

IAAL

 

[tigger22472]

. She flew to her parents house in GA to visit them for Thanksgiving and Christmas but she could'nt (wouldn't) drive a few hours here to visit with him (he can't leave the state).

I just have the question as to why the child can't leave the state.

 

[Fatherof4]

Paragraph 1a. of temporary order states: The Court finds that the Plaintiff, **** (myself) shall have temporary care, custody and control of said minor child, *****. The Defendant, ***** (his mother) shall have visitation rights under the supervision and control of the Plaintiff, **** (myself). Said child shall not be removed from the State of Mississippi without a written order of this Court.

Jurisdiction was changed from AZ to MS. I think it is so she can't snatch him, take him back to AZ, and say jurisdiction should be there.

 

[tigger22472]

Ok.. so as far as her seeing her child I see both sides of this... Yes I agree if she was close she should of come by on the holidays... however she does live some distance away and her visitation is limited so that could be a challenge to afford to pay very often to go there just for a day, a few hours or whatever.