I have been divorced since last March and separated from my ex-wife for nearly two years. We have two children, 4 and 2 years old. I had an attorney who did nothing but advise me to take the what he called the "high road." It got me nowhere. I have complied with the supervision order for more than a year now, and would like advice on how to get it lifted and to have my physical custody percentage increased. It's currently at 10 percent. I do, however, have 50 percent legal custody.
A little more background:
My ex accused me of being a drug addict. There was a time several years ago (well before she filed for divorce) when that was true. However, I completed an outpatient program and have been clean now for more than four years. Her allegations of current drug abuse at the time of separation prompted the court to order the supervision, submit a hair follicle test and to complete an unspecified drug counseling program. I attend NA regularly and have submitted the follicle test to her attorney. My ex immediately questioned the validity of the test and said that NA is not enough that I must go through "a more substantial program." I told her to pound salt. I don't need, nor can I afford a more formalized program (My insurance won't cover it).
One other note: After seeing me with my kids, the visitation supervisor has questioned why my ex is forcing the issue. She told me that after watching me with the babies, she would rank me in the top 5 percent of fathers that she has dealt with. She also wrote a glowing report about me to the court.
So my major questions are:
1. How do I get the visitation order modified? Should I request a new mediation hearing, present the drug test and proof of NA attendance and hope for a good recommendation.
2. If I move out of the area where the kids live, How can I ensure that my percentage of physical custody increases? Ten percent is not enough--especially when I currently live just a few miles away. I eventually want 50 percent physical. What can I do to move toward that end?
Thanks in advance for any advice/resources y'all may have.
A little more background:
My ex accused me of being a drug addict. There was a time several years ago (well before she filed for divorce) when that was true. However, I completed an outpatient program and have been clean now for more than four years. Her allegations of current drug abuse at the time of separation prompted the court to order the supervision, submit a hair follicle test and to complete an unspecified drug counseling program. I attend NA regularly and have submitted the follicle test to her attorney. My ex immediately questioned the validity of the test and said that NA is not enough that I must go through "a more substantial program." I told her to pound salt. I don't need, nor can I afford a more formalized program (My insurance won't cover it).
One other note: After seeing me with my kids, the visitation supervisor has questioned why my ex is forcing the issue. She told me that after watching me with the babies, she would rank me in the top 5 percent of fathers that she has dealt with. She also wrote a glowing report about me to the court.
So my major questions are:
1. How do I get the visitation order modified? Should I request a new mediation hearing, present the drug test and proof of NA attendance and hope for a good recommendation.
2. If I move out of the area where the kids live, How can I ensure that my percentage of physical custody increases? Ten percent is not enough--especially when I currently live just a few miles away. I eventually want 50 percent physical. What can I do to move toward that end?
Thanks in advance for any advice/resources y'all may have.