[earnhardt88]

My to be ex-husband currently has supervised visitation and I have an injunction against him. He is an alcoholic, involved in drugs, and has hurt me and my child. It is supervised for now but we are in a custody battle now. Hw wants every other weekend and I say no way. Supervised is the best thing. I have an evaluation that was done on both and his recommends a minimum of 6 months rehab, change jobs, living situations, and quit all of his illegal habits. I have other stuff but do you think this is enough to keep supervised and my child safe?

Sincerely,
Very worried mommy

[Marriedguy]

Your post is confusing me. Supervised visitation is something that is applied when the parent/parents actions could endanger the well being of the child. When the courts decides that he is no longer a threat to the well being of the child supervised visitation will not be apply.

The visitation frequecy and the amount of time is kind of a different issue. If he is awarded more time it will remain supervised.

[ScottGem]

As marriedguy said, the frequency of visitation doesn't affect whether its supervised or not. Though, who is paying for the supervision might affect the frequency. You seem to have enough to keep it supervised.

[earnhardt88]

Your post is confusing me. Supervised visitation is something that is applied when the parent/parents actions could endanger the well being of the child. When the courts decides that he is no longer a threat to the well being of the child supervised visitation will not be apply.

The visitation frequecy and the amount of time is kind of a different issue. If he is awarded more time it will remain supervised.

Sorry to confuse you, I mean that my husband is an abuser to both me and child and he is the one who pays for the visitation but isn't paying it. He is now late on the last visit that was due on 2/5/08. He took a drug/alcohol eval. And she recommended that he does 6 months outpatient treatment, change jobs and living situations since he works and lives at the same place and this place is heavily known for drugs and alcohol. Evaluator also recommended that he quit all drinking and mood altering substances. With this type of eval. And other things I have is this good enough for keeping it supervised when we go in front of the judge for our final hearing of divorce? He is wanting every other weekend visitation and I am fighting that beause of his violence, drinking and drugs issue. Supervised is the best thing for my child to be safe. He has also been late on every child support payment and we are only on number 4.
Thank you for all of your input.

[Fr_Chuck]

As long as you have valid proof of his violence and drug issues, showing it is a threat to the child. Remember you knowing it, and having evidence in court that the court will accept are two different things. So police reports, the drug couselor that will testify ( if they can )
But also the people who have been supervising the visits will have a chance to testify as to what they have seen during the visits he goes to

Being late on child support normally does not have effect on his rights to visit ( visit is one issue, support another)

[earnhardt88]

Thank you so much for your input. It is reassuring to hear other people's opinions and thoughts on this matter.

[N0help4u]

As long as he is not following the orders of 6 months rehab, change jobs, living situations, and quit all of his illegal habits it should be in your favor.
If they stay supervised the duration most likely will not change if it is a case worker doing the supervising because they can only give so many hours in a day per case. If his parents/relative are named supervisors then he could possibly be able to get longer visits provided they agree that the kids are with them at night and they are supervising during the visit.