I currently have custody of my son now. CPS had to step in and deemed supervised visitation for ex wife as of now. Once my son has seen the therapist up to 12 times which starts Oct 23 CPS will close the case and there supervised visitation will then be void. How easy would it be to have a judge order supervised visitation to keep it in place?
Family Law Attorney
That depends in part on how the supervised visitation has gone, and if your ex wife actually utilized all of the possible visits. In my experience, CPS is the last resort in a case that has gone seriously wrong. I am not licensed in North Carolina, although I do find that family law is very similar in most states. Before the end of supervised parenting time, unless it has gone exceedingly well, I would petition the Court to keep the supervised parenting time in place. Your ex must have done something awfully bad to have lost custody. Your child needs to be protected, and you are the only one who can do that. If you lack funds, you can probably file a form motion in the Friend of the Court of seek the assistance of legal aid. Good luck.
If you think my answer best responds to your question, please mark it "best answer." Thank you.
1 lawyer agrees
Criminal Defense Attorney
I work both in Family law and in DSS (CPS) Court. You currently have custody - but your question left out a large amount of necessary information...Did your case go to court? Was this a safety plan set up by CPS? If this is a safety plan, then you have custody based on recommendations, not a legal order. If you did not go to court and were granted custody, which is what it sounds like, then you will have to file a custody case to continue to have "custody." CPS is not a legal entity which can order custody to a parent or a person without a judge's order. If you have a judge's order granting you custody, then your ex-wife will have to have a review before supervised visitation will be ended to make sure that the measures which resulted in the need for supervised visitations have been met. In fact, the fact that your son needs therapy doesn't sound like your ex-wife's issues have been addressed, unless she has done everything and therapy is the last step. If that is the case, then continuing supervised visitation is going to be difficult. Either way, you need to speak to counsel to determine what your next steps are.
Divorce / Separation Lawyer
You need to file for custody in order to have custody that is enforceable. If you file soon, you may get into court in 3 months. Based upon the facts presented, consider this: A safety plan usually does not expire, but is used to stabilize the situation, and then once stable and the parents follow the plan, DSS may then choose to close the case. It does not erase the safety plan. That plan, your case, your caseworker and your evidence about the best interest and needs of the child may allow you to convince the judge to give you some legal and physical custody, or at least primary custody. Good luck with your case and I wish the best for your child.