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  1. #1
    Join Date
    Aug 2010
    Location
    Dayton, Ohio
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    3

    Question Changing Visitation to Supervised Visitation Only

    My question involves a child custody case from the State of: Ohio

    Hello,

    I was wondering if anyone could give me some information on the process of getting court ordered supervised visitation in Ohio (Montgomery County). My wife has a 4 year old daughter, which she is the custodial parent of. Her ex-husband was arrested for domestic violence against his live-in girlfriend (who has been previously arrested for prostitution, crack cocaine, and other charges) back in February of this year, with his trial being next week. We were waiting for his trial to be over to put in an order to get supervised visitation only so that my step-daughter is not in this environment during her overnight stays at her father's house. Then last weekend he was arrested again for domestic violence against the same girl and is still in jail for it, missing his summer visitation time he had scheduled. We have now asked her attorney to file for changes in visitation, but haven't really had much time to speak to him about the process. Is there anyone here that has any experience in this area? Is it likely that with 2 DV charges against him with alcohol and/or drugs being involved both times that we will be able to get supervised visitation only?

    Thank you for any information you can provide.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    73,001

    Default Re: Changing Visitation to Supervised Visitation Only

    The big question is whether the child was present at either incident, or has been exposed to acts of domestic violence during visitation. Has she?

  3. #3
    Join Date
    Aug 2010
    Location
    Dayton, Ohio
    Posts
    3

    Default Re: Changing Visitation to Supervised Visitation Only

    Fortunately, she was not there during either of the 2 incidents that were reported to the police. As far as her seeing anything that hasn't been reported, I have no idea. She just turned 4, and I don't know if she would tell us about anything she has witnessed. I do know that the victim's 11 year old son was the one who called 911 during the first incident. The police report states that he heard them fighting, but did not witness any of the altercation directly. It also states that both parties were intoxicated, and this took place at around 6am. The father was also intoxicated during the second incident, which took place at roughly the same time in the morning.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,478

    Default Re: Changing Visitation to Supervised Visitation Only

    Then I feel it is unlikely a court will order supervised visitation given these circumstances.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Aug 2010
    Location
    Dayton, Ohio
    Posts
    3

    Default Re: Changing Visitation to Supervised Visitation Only

    So, even if he did commit these acts with a child in the house (who refers to him as his father), you feel the court will not grant supervised visitation? Wow... I sure hope that's not the case, but with the way things go, I wouldn't doubt it either. Being only a step-parent, I have a lot to learn and understand with how the courts rule. To me, it just seems that someone with such an alcohol and abuse problem should not be allowed to possibly submit a child to this when supervised visitation would be a feasible and safe option.

    Thank you for your input. I appreciate it.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,478

    Default Re: Changing Visitation to Supervised Visitation Only

    Quote Quoting sandals
    View Post
    So, even if he did commit these acts with a child in the house (who refers to him as his father), you feel the court will not grant supervised visitation?
    Correct.

    I'll elaborate further down

    Wow... I sure hope that's not the case, but with the way things go, I wouldn't doubt it either. Being only a step-parent, I have a lot to learn and understand with how the courts rule. To me, it just seems that someone with such an alcohol and abuse problem should not be allowed to possibly submit a child to this when supervised visitation would be a feasible and safe option.

    Thank you for your input. I appreciate it.

    Oddly enough, the father of the girlfriend's child WOULD perhaps have a case for supervised visitation seeing that his son was present....but that's neither here nor there.

    Supervised visitation is a serious matter, and the courts are reluctant to restrict parental rights unless there is or has been a proven threat to the welfare of the child.

    As your stepdaughter wasn't present at the time, there was no threat to to her welfare.

    Also - and this surprises many parents and stepparents - it's possible to have primary physical custody with no restrictions at all even with several DV convictions.

    Alcohol abuse may occasionally warrant supervised visitation if for example the parent has been drunk driving with the child present, or has gotten completely snookered while the child is present and the child was either neglected or harmed.

    Drug abuse - well, much depends on the drug and again whether or not the child is present.

    If Dad and gf are smoking a joint, this is generally not going to be viewed - at least in the majority of courts in this country - as a big deal at all. If they're basically running a meth lab however that's a different matter entirely.

    I hope this clarifies some instances where supervised visitation may be warranted....most of the time it really does hinge on what the child is directly exposed to.

    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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