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Child custody and visitation laws in KY, supervised visits

Asked over 3 years ago - Lewisport, KY

I have custody of my son {3 yrs old} and his mother gets him every other weekend but it was court ordered that she have supervised visits only. She was in an in house drug rehab center and thats where she was to remain because there were counselors there to supervise thier visits... The judge ordered if she were to leave the facility her mother was to be with her at all times... Since then she has moved out into an apartment owned by this rehab center. She is no longer supervised other than they come at curfew time at night to ensure thier at home. To me this is an un supervised visit?Am i wrong or right and is she in contempt? She has NO transportation, Job<or any other means than what the state gives her? What can i do????

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Attorney answers (2)

John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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Clearly this is not the visitation envisaged by the Court and is in fact unsupervised. Your remedy is to go back to Court and ask for enforcement of the visitation order. That order itself should tell you whether the mother is in contempt. Contempt is usually a two stage process: you get an order commanding the other party to do X; the other party does not comply; you then have to ask the court for a contempt hearing where the non-complying party gets to explain their behavior. Usually in family court contempt orders are issued after egregious behavior and disobedience of an order specifying that contempt is the punishment for non-compliance.

www.kamanlaw.com

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Pieter M Droppert

Reputation Level 8

Answered over 3 years ago.

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I'm not a KY lawyer and can't advise on specific State law where you live but generally speaking the remedy if someone is not complying with a Judge's orders is to file a motion with the Court to force them to comply with the Order or hold them in contempt. However, if the rehab center owns the apartment and comes round every night it's not clear to me whether has she formally left the facility or whether this is part of her treatment and rehabilitation ? Also do you know for sure that her Mother is not around when she has parenting time with your son ? Before you rush off to Court, I would first talk to the rehab center and the counsellors there about your concerns to see whether appropriate supervision can be put in place for when your son is with his mother.

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