BM is POSSIBLY showing back up...

[gr8Dad]

Okay, my situation (I bet you know it already)

1. Sole legal and physical custody, with BM getting every Saturday, from 2-5.  Physical and emotional abuse founded and ruled on, but visitation is unsupervised.

2. Mother last saw children December 11, 2004.

3.  Mother pays support on and off, is currently serving 30 days in jail (on the weekends only), for failure to pay support, and has been since early September '05.  Will most likely be serving these weekends until around Christmas.

4.  Yesterday, recieved Halloween Cards for the three kids from her, with $5 money order in each card.  No mention of the missing time, or her absence, but lots of "notes" in the margins of the cards referring to her "pet" names for them, and lots of "I love you's".  CHildren got the card from the mailbox, so they know about them and opened them already.

Okay, the problem.  I think she should have some sort of reunification counseling, or a short period of supervised visitation before just JUMPING back in.  I am going to make an appointment with the children's therapist so they can see him and discuss their feelings.  Also going to make an appointment with lawyer to discuss options.

I do not KNOW that she is coming back into their lives, but concerned that I will be held in contempt if I do not allow her to see them per the court order.

First, after a year of abscence, do you think I could refuse visitation with little hazard of contempt?

Second, is changing the order to be supervised for a while something that is easily done pro se or does it really need a lawyer?

Thank you in advance for your assistance, I hope I followed the rules okay, been a while since I posted here.

[socrateaser]

>First, after a year of abscence, do you think I could refuse
>visitation with little hazard of contempt?

I cannot advise you to violate a valid and enforceable court order. I suggest that you file for a clarification order to remove any possible concerns.

>
>Second, is changing the order to be supervised for a while
>something that is easily done pro se or does it really need a
>lawyer?

Considering the facts you have at your disposal, I think you would have little trouble having the orders changed, pro se, as long as you can file the proper pleadings.