Is it possible for the noncustodial parent get supervised visitation when they have been granted unsupervised visitation? 9 Answers as of November 12, 2012I am going through a horrible custody battle with my son's dad my son is 15 months old. I have been going to court off and on for a year now. The judge we had a hearing from granted unsupervised visitations to my son's dad on every 1st, 3rd and 5th weekends. It was fine until my son who was at the time was 5 months old and he came home with a bruise on his cheek and I asked how he had gotten it and he said that my son had fell. I said okay and didn't put too much thought into it until a month later I had taken my son to the E.R after 3 hours after I had gotten my son back from his dad because he was having chills but they didn't stop while I was feeding him. When the nurse asked for a urine sample I had taken off his diaper and saw a bruise on his lower left hip where the diaper lays and I asked for the nurse and the nurse looked at it and she said it is a bruise and I asked to speak to someone about making a report. The doctor had checked him out and said that he could have a virus because he was running a fever of 103.3 and he was severely dehydrated the nurse couldn't get any urine from him. I told the nurse that he didn't have a wet diaper when he came back home from being with his dad and he normally does. I made a police report the next morning and a police officer came out and took pictures of him and took a report and handed me the report number and she said to file a restraining order. We both went to court and she granted the restraining order. On September 1, 2012 the judge grants unsupervised visitations because the social worker that was investigating the child abuse case had stated in a letter that there was no evidence of physical, mental or emotional abuse. I have told the judge that the reason why is because my son has been in my care and away from his dad. The judge denied my order to have supervised visitations and granted unsupervised visitations for 8 hours instead of 48 every other Saturday.
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If the judge has made a ruling there are two things that you can do. The first is file a motion for reconsideration outlining why the decision of the judge is wrong. The other is to file a claim of appeal with the appellate court. Either must be done within 21 days of the entry of the order being objected to. If they are not timely filed you will lose your rights to do anything about the order.
Answer Applies to: Michigan
Langford Law Firm | Theresa Langford
Do you have a lawyer? If so, these are questions that need to be discussed with your attorney, since you are involved in ongoing litigation. lf you do not, then you have just discovered, to the possible detriment of your child, why you should not be trying to represent yourself in a complex custody case. The judge has to make decisions in a vacuum that consists only of the admissible evidence brought before him/her. If the only admissible evidence was the social worker's report of no abuse, then the court had little choice.
Answer Applies to: Texas
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
This is a very interesting case. On one hand it appears to be some sort of neglect. AN 8 hour visit would not require overnight which is good . I would advise you to check him closely after each visit and if there are any new indications you could possible go back to court after having the condition documented by a pediatrician.
Answer Applies to: Georgia
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
It sounds like there was no proof that the bruises were the result of the father's acts. If there are any other incidents, call CPS and take the child to a doctor immediately. You can't change the current order when nothing new has happened. It sounds like the court must have found that the cause of the bruise was not necessarily any bad act on the part of the father.
Answer Applies to: Washington
Law Office of Annette M. Cox, PLLC | Annette M. Cox
Proving and substantiating abuse allegations is very difficult to do. Unfortunately the courts and CPS are often reactionary as in they react only after bad things happen. It is very important for you to document your son's health and any conditions. You can also ask the father to provide you with updates on his diet routine, as in what time was he last fed, how much, how many diapers etc in an effort to make sure he is getting the hydration and food he needs. Keeping a food journal or calendar would be helpful. You would need to do this as well to show that you are taking care of him appropriately.
Answer Applies to: Arizona
The Law Offices of Jill Puertas LLC | Jill Puertas
Visitation can fluctuate between supervised and unsupervised based upon what is in the child's best interest. You will have to file a motion to modify in order to change custody from supervised to unsupervised or vice versa.
Answer Applies to: Missouri