Can I fight the mother of my child to not have supervised visitation? 24 Answers as of September 05, 2012

I had a one night stand with a girl that ended up pregnant. The child is now 2 years old and she started child support when the child was 8 months old. I JUST started paying child support last month because I did not have a stable job but I do now. I was served papers that I have a mediation that is coming up in a week because she wants sole custody of the child and said if I want to have visitation it has to be supervised by her. I want to have visitation with the child but not supervised by her mother, I have my own family and a girlfriend that I have been with for 8 years and we have a daughter together that is 6 years old. I do not have a criminal record other than a drug conviction that I was not guilty to. What benefits do I have over the 2 year old child?

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Leonard A. Kaanta, P.C. | Leonard A. Kaanta
You should fight for unsuprvised visitation.
Answer Applies to: Michigan
Replied: 9/5/2012
Law Office of Cassandra Savoy
Law Office of Cassandra Savoy | Cassandra Savoy
Supervised visitation is usually reserved for those situations where there is evidence that the child could be harmed if left alone with the parent. For example, where there is some evidence that the non-custodial parent abuses drugs or alcohol. The NJ courts favor joint custody and public policy in NJ require "liberal visitation" unless there is some concrete reason to limit visitation.
Answer Applies to: New Jersey
Replied: 9/5/2012
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
Supervised visitation by the mother would be way too onerous. The case law even says so. Get an attorney. You want at least 40 percent of the overnights per year with this daughter. Read Florida Statutes 61.13(3) to learn the factors that the court uses to determine what to do under these circumstances. The mother is not able to do what she needs to do.
Answer Applies to: Florida
Replied: 9/5/2012
Victor Varga | Victor Varga
You can argue that it isn't necessary, and it's up to her to argue/prove that it is necessary.

Answer Applies to: Maryland
Replied: 9/5/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You should have normal and overnight parenting time with your child, however your failure to support will be taken into consideration. I would suggest every other weekend, Friday to Sunday night and an additional evening each week for starters. She will fight you with everything she can.
Answer Applies to: Michigan
Replied: 9/5/2012
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    I don't know why the mother filed for custody, since she has custody by law in Ohio as an unmarried mother. You need to file a motion for parenting time. You probably will have to have supervised time at first because the child doesn't know you. The court will want the child to be comfortable by being around someone she knows at the beginning of you getting back into her life. The supervisor doesn't have to be the mother, but does have to be someone the child is comfortable with.
    Answer Applies to: Ohio
    Replied: 9/5/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    The mother of the child will have to show why supervised visits are necessary. If the court agrees you can negotiate who supervises the visit. If the court does not believe supervised visits are necessary then you won't have the Supervised.
    Answer Applies to: California
    Replied: 9/5/2012
    Walnut Creek Family Law Center, Inc. | Merritt L. Weisinger
    You have every right to see the child unsupervised - once you have an established relationship with him or her. You want to tell the court in written declaration about your family life, your home, that you have no substance issues, etc. You can ask that your first visits be only for a few hours and provide the court and mediation with a proposed step-up schedule. Remember that this is a 2 year old who does not know you. See if there is someone other than the mother who is known to the child and with whom the child feels comfortable who can be there for your visits. You want informal supervision assuming you have any; not professional. If the latter, ask that both parents contribute equally to the cost. Start with 2-3 hour visits for 4-6 times and then ask for an increase to a full day. No overnights. Ask for a re-evaluation in 3-4 months after visits start to see if you can go to overnights - first one and then eventually more. Be patient. Also be nice to the Mediator (not condescending but cordial and don't lose your tempter or patience) and focus on the best interest of the child - not the other parent or her motivation or conduct but why it's in the best interest of the child to have a relationship with you. I'd also sign up for an age-appropriate parenting class at your local adult education. It plays very well with the mediator and the court. Tell Mediator you're a nice guy and are responsible and reliable and want a place in your child's life.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You need a lawyer. For you advice from this site would be the same as going to a medical blog for advice on brain surgery. You need someone to go with you to the hearing and tell your story. You need a lawyer to tell you your rights and what you have to do to enforce them. But you need this counsel NOW. Call a family law attorney today.
    Answer Applies to: Ohio
    Replied: 9/5/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    of course you can fight, you may even win since judge will see this as her trying to control you
    Answer Applies to: Alabama
    Replied: 9/5/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can ask for visitation and custody. It does not need to be supervised. If you have done nothing wrong, you should not have to be on supervised visitation.
    Answer Applies to: California
    Replied: 9/5/2012
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Go to mediation based on what you have stated there's no reason for you to accept supervised visitation this woman's crazy and doesnt know the law.
    Answer Applies to: Florida
    Replied: 9/5/2012
    John Russo | John Russo
    The drug thing is a little confusing, are you trying to say you were convicted of a drug related crime and received some form of sentence , e.g. probation, suspended, or jail time, but they got the wrong person? Well a conviction is a conviction is a conviction. So how long ago was it, the further the better, she will argue the drug issue and it can only hurt. Ask to be drug tested that day to try and help with that one, also, have you seen the child in the past two years if not that does not help either. Even if you end up with supervised you can ask that it be reviewed say in six months, eventually it has to loosen up unless you get in trouble again. The fact that you have a six year old child of your own can only help your argument, try and point out the positive things you have going, don't try and argue that your conviction was wrong and you are really innocent, trust me, people in the legal system e.g. the courts tend to think that you are just in denial. The standard is that most people who are convicted are guilty, so even if you are truly not guilty stay away from it there are other ways of making your point. If your conviction was say 5 or 6 years ago and you have been trouble free since push that argument, and again ask to be tested. Again 5 or 6 years, no other trouble, you have a daughter who is six years old that you have been a good father too, all that gives you a good chance in not having supervised, not seeing for the child for the 1st 2 years could be a little problem, e.g. they may want the child to become comfortable with you before unsupervised, but again that should only be for a short period, also push the fact that you want the siblings to get to know each other, that always helps.
    Answer Applies to: Rhode Island
    Replied: 9/5/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you have not previously seen your child, then supervised visitation, on a temporary basis, is appropriate. If you already have a relationship with your child, then there is no reason stated for you not having unsupervised visitation. Even if supervised visitation is appropriate, it should be temporary and only until you have established your relationship with the child and made sure the child is comfortable.
    Answer Applies to: California
    Replied: 9/5/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You can always "fight" but that is generally a foolish approach. If you and the mother cannot agree to a suitable parenting plan for approval by the court, the judge will make a decision based on what is in the child's best interest. If you have had no contact or involvement in the 2 years of the child's life, it is not unreasonable to expect a judge to decide that an initial period of transitional and supervised visits is necessary to assure that the child become comfortable with you before allowing longer and more frequent, unsupervised visits. Just because the mother is asking for supervised visits does not mean she will get it, or that supervision will be permanent. But, a two year old is not able to make an instant adjustment to any new, strange person and no rational parent would allow unsupervised visits with anyone until it is clear that the child can deal with the situation.
    Answer Applies to: Colorado
    Replied: 9/5/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    You can seek unsupervised visitation by following through with the court process. If the mediation does not result in a visitation plan that you are willing to agree to; you re free to decline and to proceed to a trial in front of a judge to determine the visitation plan.
    Answer Applies to: Washington
    Replied: 9/5/2012
    Steven Alpers | Steven Alpers
    She would have to show facts why you cannot have unsupervised visits. Since you have not seen the child, there may be supervision for the short term. You might be able to get a 3rd person she would trust, your mother for example. The supervision would end and your time would increase over time.
    Answer Applies to: California
    Replied: 9/5/2012
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    First off, if you have a conviction on your record, than you are legally considered guilty of the offense, whether or not you really were guilty. That could have an impact on the custody case, depending on how long ago it was and what the actual conviction was for, and your current state. Having a stable home life will help you. The mother has to prove why supervised visits are required, it is not something she can automatically dictate. If you have a daughter you have been raising and can show you are a good father, you should be able to establish visitation without supervision. I will point out that mediation is required to get a court order on custody, but if you do not agree, then you will go before the Judge. Make sure you have filed your own request with the Court with the kind of visitation you would like to have with your daughter.
    Answer Applies to: California
    Replied: 9/5/2012
    Mary W Craig P.C. | Mary W Craig
    That is your child, and you have the right to unsupervised visitation unless you are a danger to the child. You do have a drug conviction, whether you were guilty or not, but if that was long ago and you have stayed out of trouble since, I see no reason why you shouldn't have unsupervised visitation. You indicate you have a stable home life and another child. Get a good family law attorney and go to court. Your chances are good.
    Answer Applies to: Alabama
    Replied: 9/5/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you have not legitimated the child at birth by signing voluntary legitimation documents or filed a legitimation action in court, you have no rights to the child. If you do want any kind of rights to the child and any kind of visitation - whether supervised or not - you need to respond to whatever legal action the mother is taking.
    Answer Applies to: Georgia
    Replied: 9/5/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    I would not agree to supervised visitation, and would force a hearing. There is nothing that you have told me that would support supervised visitation, except perhaps for the first visit or two so that the mother can introduce you into the relationship. What is needed is a stair-step possession order, gradually introducing you into the child's life at a pace that works for her, not supervised visitation.
    Answer Applies to: Texas
    Replied: 9/5/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington State, you have a right to a parenting plan that is in the child's best interest.
    Answer Applies to: Washington
    Replied: 9/5/2012
    The Law Offices of Tres A. Porter | Tres A. Porter
    simple answer is you can ask to have unsupervised visitation. I would suggest consulting with an attorney. As a father you do have rights.
    Answer Applies to: California
    Replied: 9/5/2012
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