QUESTION
Can the courts overturn a supervised visitation order that ordered on my ex husband
Asked on Aug 09th, 2014 on Family Law - California
More details to this question:
I live in California. My ex husband was allowed to have supervised visits with our now two year old son because he has a drinking problem. When he's drunk he's physically abusive, verbally abusive and negligent toward me and our son. A restraining order was put in when i divorced my ex husband because i didn't know if he would harm me and my son since he had shoved me before and threaten to take my son away from me. When a decision was to be made about child custody i was told that the visits could be supervised due to his behavior. I didn't trust having him and a stranger taking my son off and I not knowing what's going on. So my lawyer said it could be written that the visits be supervised by me at my home for a specified time, but i would have to drop the restraining order. I had to think about it, but i decided to drop the restraining order with the option to refile it if he posed to be a problem. It's in court order that 12 hrs before the visit no alcohol & other stipulations.
1 ANSWER
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If I understand your question correctly, it seems you're asking if the current order, for supervised visitations by your ex-husband in your home, can be overturned? Any child custody order can be modified upon a showing of a material change of circumstances. For example, in your case, if your ex can prove he is sober, in treatment, etc., he could potentially petition the court to modify the existing custody order. As long as the court has jurisdiction over the child (the case is in that county and the child is under 18), a custody order can be modified.
Answered on Aug 14th, 2014 at 12:01 PM