My daughter divorced her ex 2 years ago, they both got joint custody. Since then my daughter became addicted to cocaine.She was given visitation rights two days a week with me to supervise. She has cleaned up her act and is receiving on going counselling.She has asked her ex if she could start seeing their daughter without supervision.He told her she could see her one day per week if she agrees to change joint custody to joint guardian for a period of two years and they will go from there.She really doesn't want to go through the courts.and if she doesn't agree she will have to go to court and he will fight for full custody.What does she have to do to prove she is capable of raising her daughter. I say he has a right to be concerned but also he is bullying her.

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Originally Posted by tjknana

My daughter divorced her ex 2 years ago, they both got joint custody. Since then my daughter became addicted to cocaine.She was given visitation rights two days a week with me to supervise. She has cleaned up her act and is receiving on going counselling.

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So somewhere between their divorce two years ago and now they went back to court and she was given only two days supervised visitation or was she given the two day visits at that time? There are two types of "custody", physical and legal. Do they have joint physical and joint legal or does he have primary physical and they share joint legal? We need a bit more info.

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Originally Posted by tjknana

She has asked her ex if she could start seeing their daughter without supervision.He told her she could see her one day per week if she agrees to change joint custody to joint guardian for a period of two years and they will go from there.

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"Joint custody to joint guardian"? Please explain your use of these terms. If she even "agreed" to it outside out a court and without this "agreement" being a court order it would not be legal. Any and all changes to an existing court order must be made through the courts, with or without an attorney.

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Originally Posted by tjknana

She really doesn't want to go through the courts.and if she doesn't agree she will have to go to court and he will fight for full custody.What does she have to do to prove she is capable of raising her daughter. I say he has a right to be concerned but also he is bullying her.

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If the court knew about her cocaine problem and gave them joint custody, ordered her to counseling and gave her supervised visitation they aren't likely going to suddenly take more away from her unless she has gotten worse. As long as she has complied with everything and has gotten better then it is more likely that they would step up her parenting time and rights not take them away now. Don't let him threaten with "full custody" and court.

No matter what it is always best to discuss your specific situation with a local attorney. They know the laws the best, the judges in your area and what would be any likely outcomes.

Unfortunately, by getting addicted to cocaine like she did she sort of put the ball in his court. Going through the legal system is going to be her only recourse and it's going to be an uphill battle.