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Tag: supervised visitation

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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Does being jailed necessitate supervised visitation?

Would you be ok with a parent getting out of jail and having full unsupervised visitation?

Under certain circumstances, yes. Certainly.

If the jailed parent was jailed for non-violent, non-dangerous crimes like unpaid parking tickets or check kiting, it would not make sense to restrict parent-time to supervision, reason being that there is no evidence that unpaid parking tickets or check kiting makes one a danger to the child.

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

https://www.quora.com/Would-you-be-ok-with-a-parent-getting-out-of-jail-and-having-full-unsupervised-visitation/answer/Eric-Johnson-311

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How can I convey to the judge how damaging it would be for our child to have unsupervised visits?

How can I convey to the judge how damaging it would be for my 3-year-old to have unsupervised visits with her father? He’s delusional: says he killed about 400 people for pay, connected to underground crime. I am terrified for her to spend time with him.

The “academic answer” is as follows:

  • Find out what the statutory and/or the case law requirements are for seeking and obtaining an order that visitation be supervised;
  • neatly compile and clearly and concisely present to the court all of the facts and evidence (police reports, arrest and conviction records, mental health records, etc.) that supports your assertion that you meet the statutory and/or the case law requirements for seeking and obtaining an order that visitation be supervised;
  • ask the court to impose supervised visitation accordingly;
  • propose what kind and level of supervision you wish to see imposed and clearly and persuasively explain 1) why it is necessary that that kind and level of supervision be imposed; and 2) why your proposal is eminently feasible and equitable.

The “real world” answer is as follows:

  • Take every step identified in the “academic answer” above;
  • Be prepared for the court to be inattentive and to take your assertions with a grain of salt, no matter how objectively verifiable and compelling and well-presented your evidence may be (in fairness to the courts, judges are barraged with allegations of “the other parent is crazy!” or ““the other parent is dangerous!,” and many of these allegations are either lies or uncorroborated, so judges become hyper-skeptical to the point that they have difficulty accepting even compelling evidence);
  • end up with either no supervised visitation or visitation that is inadequately supervised because the court tried to “split the baby in half” and issue an order that satisfies everyone or disappoints everyone.

Bottom line:

  • The odds are against you, generally.
  • If it isn’t close, [the opposition] can’t cheat, and the referee [i.e., the judge] can’t deny you. You have to be prepared to win overwhelmingly, six ways from Sunday, if you hope to get what you want.

Do not lie in an effort to gain an advantage (Matthew 16:26).

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

https://www.quora.com/How-can-I-convey-to-the-judge-how-damaging-it-would-be-for-my-3yo-to-have-unsupervised-visits-with-her-father-He-s-delusional-says-he-killed-400-people-for-pay-connected-to-underground-crime-I-am-terrified-for-her/answer/Eric-Johnson-311

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