Court on yesterday

[reellis527]

Had court on yesterday, my attorney, myself and him were present.  You probably remember me because our case involves abuse and not physical.  We hadn't seen the home evaluators report so the judge put us in recess to allow both parties to review the report.  The report basically slammed him and recommned not changing current set-up, which is me sole physical and legal custody.  She said that she recommends supervised visitation for six months, and during that time the child should be in therpahy to determine if no contact at all should be rendered.  The other party and the courts are unaqare there is currently a criminal prosecution underway by the state's attornies office.  After reviewing the report the judge asked my attorney to speak with the other party to see if we could come to an agreement.  I have been in contempt of court since Feb by not letting him see the child every other weekend.  My attorney thought it best to go with the supervised visitation every other Saturday for two hours and in the back of our minds we are knowing that the criminal things is underway.  So we entered the supervised visitation, judge made it into a permanent order, closed for statistcal purposes only...  Today I am thinking I am extremely uncomfortable with the supervised visitation...

1) in the criminal investigation do I appear "weak" by giving him every other weekend supervised when for the last three months I allowed him no contact?

2) Could this supervised come back to bite me in the butt?

3) are there any negatives for allowing the supervised visitation and couldn't my lawyer file something asap saying that we have changed our minds?

[socrateaser]

Why did you decide to not disclose the existence of a criminal prosecution?

[reellis527]

Because my lawyer felt it best not to put all of our cards on the table and show proof of the visits my daughter has had with doctors and therapists and detectives.  My lawyers thinking was that the less he knows the less time he has to make up a alibi.  He doesn't know my daughter has had appointments and disclosed anything, he still believes it is me out to get him.  Even though in family court he was scared to death and crying when my lawyer told him he needed to get counsel immediately....  

1)Was it not wise to not disclose the crimnial thing...?

2)Is it to late for me to change the supervised order, I is making me sick to my stomach and I don't think it's the right thing to do?

[socrateaser]

>Because my lawyer felt it best not to put all of our cards on
>the table and show proof of the visits my daughter has had
>with doctors and therapists and detectives.  My lawyers
>thinking was that the less he knows the less time he has to
>make up a alibi.  He doesn't know my daughter has had
>appointments and disclosed anything, he still believes it is
>me out to get him.  Even though in family court he was scared
>to death and crying when my lawyer told him he needed to get
>counsel immediately....  
>
>1)Was it not wise to not disclose the crimnial thing...?

I don't really know. It's a tactical call, and your attorney made it.

>
>2)Is it to late for me to change the supervised order, I is
>making me sick to my stomach and I don't think it's the right
>thing to do?

If you are so concerned about the child's safety, then you should ask the DA to prosecute. You're trying to thread a needle and you don't need to do this. Or, maybe there is a reason, but you're not disclosing it. Anyway, it doesn't matter. You have to decide what will allow you to sleep well at night.

[reellis527]

The DA's office here is so slow.  I have been calling and leaving messages daily for three weeks.  I'll continue to call them and him seeing her is not allowing me to sleep.  I may have to ask my lawyer to take it back to court before the 10th of this month, when the supervised is supposed to start.  Thanks for all of your help!