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What would you do if your child’s father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don’t approve of could supervise visits?

What would you do if your child’s father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don’t approve of could supervise visits?

Here’s what I would do:

First, remember that merely claiming that the proposed visitation supervisor poses a clear and serious danger to the child’s mental or emotional health without having proof or some highly credible evidence does not simply make for a weak argument, it could call your credibility into question.

  • I would first ask: if you have proof or highly credible evidence that there anything about this proposed visitation supervisor that poses a clear and factual (or at least credible) danger to the child’s life, safety, or health.
    • If the answer is “yes,” then you probably have at least one very good argument against having this person approved as a visitation supervisor.
  • If the answer is “no,” then I would ask if there anything about this proposed visitation supervisor that poses a clear and factual (or at least credible) danger to the life, safety, or health of the other parent or of anyone else?
    • If the answer is “yes,” then you probably have at least one very good argument against having this person approved as a visitation supervisor.
  • If the answer is “no,” then I would ask: if there anything about this proposed visitation supervisor that poses a clear and factual (or at least credible) danger to the child’s mental or emotional health?
    • If the answer is “yes,” then you probably have at least one very good argument against having this person approved as a visitation supervisor.
  • If the answer is “no,” then I would ask if there is anything about this proposed visitation supervisor that poses a clear and factual (or at least credible) danger to the mental or emotional health of the other parent or of anyone else?
    • If the answer is “yes,” then you probably have at least one very good argument against having this person approved as a visitation supervisor.
  • If the answer is “no,” then I would ask if there is anything about the proposed supervisor that indicates he/she is not available to provide supervision as needed and/or cannot provide supervision responsibly and reliably.
    • If the answer is “yes,” then you probably have at least one very good argument against having this person approved as a visitation supervisor.
  • If the answer is “no,” then I would likely see no point to objecting to the proposed supervisor because I would have no valid argument against the appointment of this supervisor.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/What-would-you-do-if-your-childs-father-who-is-only-entitled-to-supervised-visitation-filed-for-a-modification-of-a-court-order-so-a-family-member-you-dont-approve-of-could-supervise-visits/answer/Eric-Johnson-311

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Can the other parent send someone I’ve never met to pickups and drop-offs for our child?

Can the other parent send someone I’ve never met to pickups and drop-offs for our child?

Can the other parent send someone I’ve never met to pickups and drop-offs for our child when custody order only lists the parents? What would I file with the court to contest this? Would the court just add that person to the order?

Before I address your questions, I suggest you honestly examine the bases for your concerns. Are you honestly worried about this situation, or do you see an opportunity to denigrate your ex and make trouble for your ex in court?

So you’re asking at least three questions here.

First, can the other parent send someone you have never met to pick up or drop off your child when the court’s order states identifies no one other than the parents as the ones who pick up and drop off the child for custody and parent-time exchanges? The answer: If the order can be interpreted or construed to provide that the parents certainly can pick up and drop off, but that permission or authorization to pick up or drop off the child is not limited solely to the parents, then a parent can have someone else to pick up or drop off the child. On the other hand, if the order can be interpreted or construed to provide that permission or authorization to pick up or drop off the child is restricted solely to the parents, then you could argue that if one of the parents fails to pick up or drop off the child personally and instead sends someone else to pick up or drop off the child, that parent is violating the court’s order.

Your next question was: what would I file with the court to contest this? Well, obviously if the court order allows for persons other than the parents to pick up or drop off the child, there would be little point to complaining to the court about it unless you could demonstrate that the person or people the other parent is designating to pick up or drop off the child is harming, attempting to harm, or threatening to harm the child in some significant way.

If the court order prohibits persons other than the parents to pick up or drop off the child, you are wise to ask whether it’s worth the time, effort, hassle, risk, and money to do so if all the other parent is likely to do is file a motion or petition to authorize people other than the parents to pick up or drop off the child. If there is no statute in your jurisdiction that prohibits persons other than parents to facilitate custody or parent-time pickups and drop-offs, if the parent can show that he or she has a legitimate need for the help with pickups and drop offs, and if the person or persons who are not parents but who are picking up or dropping off the child is or are responsible adults who are doing a good job with pickups and drop-offs and doing neither the child nor the parent any harm, you need to ask yourself whether complaining to the court is fair and reasonable for you to do. If the only reason you want to complain is because you like to stir the pot and/or try to cause your ex trouble with the court, you should re-think that position.

https://www.quora.com/Can-parent-send-someone-Ive-never-met-to-custody-drop-off-and-pick-ups-of-our-child-when-custody-order-only-lists-the-parents-What-would-I-file-with-the-court-to-contest-this-Would-the-court-just-add-that-person-to/answer/Eric-Johnson-311?prompt_topic_bio=1

Utah Family Law, LC | divorceutah.com | 801-466-9277

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Should I research an attorney before hiring, even if a family member recommends him?

Is it prudent to research an attorney before hiring him or her even when a family member recommends them?

Yes, yes, yes, yes, yes.

Yes!

While it is certainly comforting to know that you have friends or family members who may know and trust someone who may be in a position to help you, such as a doctor or a lawyer or an accountant or mechanic, etc., don’t let your friend or family members recommendation substitute for your own due diligence and judgment and comfort level. Only a fool would hire a lawyer without conducting his/her own duly diligent research and determining that a particular lawyer is the right fit.

Even though a friend or family member had a great experience with his/her attorney in his/her divorce of family law case:

  • your friend or family member’s attorney may have expertise in the area that benefited your friend or family member, but may have no idea how to help you in your particular case, even if the attorney is “willing to try”;
  • a lot can change between when your friend or family members case was disposed of and what’s happening today;
      • Laws change. Changes in society and the culture may have an impact on the legal landscape, and your friend or family member’s attorney may have fallen behind on new developments in the law;
      • your friend or family member’s attorney may have been in his or her prime back when he or she help your friend or family member, but may be old and tired by now and not much use to you for your particular case;
  • your friend or family member’s attorney may have really enjoyed working with your friend or family member, but may not feel the same way toward you (which may or may not be due to any flaw in your personality or character—sometimes to good people just don’t click);
  • the attorney that your friend or family member hired and loved may have been an attorney that your friend or family member could easily afford or felt was a great value when you may not be able to afford the same level of service or may not benefit from that particular lawyer’s approach to your case.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Is-it-prudent-to-research-an-attorney-before-hiring-him-or-her-even-when-a-family-member-recommends-them/answer/Eric-Johnson-311

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