Supervised visits in CA

[bahSD77]

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.

[BecauseIJustDid]

Well you should visit the facilitator and Family Law assistance center at the court with your proposed paperwork before you file anything.

I don't believe moving away from the children is the best idea. You should be close to them. The closer the better, outside of stalking range.

We're looking for the same paperwork though, so I'll keep checking back with this topic should someone find the info postable.

[cher bear]

  Hello. In reading your post, I am struck by the similarities to your case and what has been going on with my fiance and his now ex-wife for the past almost two years. He was also falsely accused of drug abuse as well as domestic violence. He was given supervised visitation for several months. Upon returning to mediation for a new OSC, the mediator lifted the supervised visitation, but he has been repeatedly denied overnights with his 2 boys (12 and due to a continuous barrage of new allegations by his ex. He has submitted a clean urinalysis, and offered to take a hair follicle test several months ago, however the judge ordered it be at her request and she has since dropped the issue (for now). He is going to court tomorrow on a new TRO she filed based on made up allegations, and after he threatened her with contempt for taking the children out of school early in order to deny him visitation. He also had a lawyer that got him nowhere, except further in debt, and now going it alone.

I would suggest as the other person did, that you go talk to the family law facilitator at your local courthouse, they will advise you on your next steps and help you fill out the appropriate paperwork. From what you are saying, you should have more than enough to get the supervised visits changed, although, you can never be sure. I have found in my experience that, unfortunately, justice does not always prevail. I would also suggest not moving away from the children at least until you get your visitation closer to what you're aiming for. That will definitely work against you. We are also in California, what county are you in?