Question:

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?

Answer:

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Maura Boogay, contact Cordell & Cordell.