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Author Topic: Can we get in trouble for this?  (Read 862 times)

Romersgirl

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Can we get in trouble for this?
« on: Apr 19, 2005, 05:26:33 AM »
Dh has full physical and legal custody, with (exact words here) "Mother to have visitation ever other weekend supervised at maternal grandmothers home".  

BM has been really making an attempt to get her life together.  We went back to court a couple of months ago bc she had petitioned for unsupervised visits.  She herself dropped the case bc she couldn't afford an attorney and she didn't have a job, she had just moved back to where we live.  However since then, she still doesn't have a job but is making a attempt to see the boys ever opportunity she can, she's been to games and practices whenever DH and I are there (so it's still supervised).

We understand that it takes time to chance, however she is their mother and as long as she's making the right decisions we dont have a problem with her seeing the boys.  

1.  Since it's stated in the court order that it has to be supervised, if we allow her to take them to McDonalds or the park for an hour or so to give her some one on one time, can we get in trouble for this?

2.  We dont want to do an amendment just yet bc we want to make sure it's going to last, she has a pattern of being good for a little while and then resorting back.  Is there anything we can do to keep it out of court but do a trial basis?  Considering getting into court would be a couple of months anyway.

3.  Any other advice?

THANKS!


socrateaser

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RE: Can we get in trouble for this?
« Reply #1 on: Apr 19, 2005, 06:25:04 AM »
>1.  Since it's stated in the court order that it has to be
>supervised, if we allow her to take them to McDonalds or the
>park for an hour or so to give her some one on one time, can
>we get in trouble for this?

Well, I don't know whether the mother is potentially dangerous to, or likely to run off with the child. If the mother caused some serious harm to the child, as the result of the visitation not being supervised, then the judge could order the child into foster care, on grounds that neither parent is fit to care for the child's best interests.

Stratetically, your acquiescence to unsupervised visitation is evidence that you no longer believe that supervised is in the child's best interests, and is grounds for a motion for an order granting unsupervised visitation.

Not suggesting that either events will happen, just giving you the worst case possibilities

>2.  We dont want to do an amendment just yet bc we want to
>make sure it's going to last, she has a pattern of being good
>for a little while and then resorting back.  Is there anything
>we can do to keep it out of court but do a trial basis?
>Considering getting into court would be a couple of months
>anyway.

There's no halfway, unless your orders grant you discretion to determine supervised/unsupervised visitation.

 

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