Last year, my ex-wife served me with papers for a hearing requesting supervised visitation. I was unable to make it to the hearing due to having no time off from work, so she was automatically granted supervised visitation by default.
What steps can I take to have the supervised visitation order removed and have my unsupervised visitation granted back to me so that my children may visit my home and to reinstate my court ordered visitation from the divorce?
Generally, in order to change an official custody order, you must follow the state rules and procedure for filing a petition to modify custody.
You should consult with one of our attorneys in your state with regard to how you can get this started as soon as possible, as well as the local procedure.
You should be prepared to explain to the court why the supervised visitations are unnecessary and provide substantiation for this claim, such as records refuting any claim of opposing party as to your fitness to parent and why you feel your ex-spouse’s initial claims were unjustified.
You should be prepared to propose a reasonable alternative to supervised visitation and should have a few alternate proposals in mind in case you are not permitted to take the children to your home state or have them visit you there, at least for the time being.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”