I have been in supervised visitation as well as therapeutic visitation for the last 2.5 years.

Asked over 1 year ago - Farmingdale, NY

I have not had an unsupervised visit with my three boys in 2.5 years because they tell each new doctor/LCSW that they are uncomfortable with me. Some of the professionals that we have seen in the past 2.5 years are willing to testify on my behalf for free but I must have a trial/hearing for that to happen. I signed a supervised visitation order 2.5 years ago because my attorney at the time told me that its better than nothing and that judges do not like it when you don't try the very hardest to be in your kids lives. My question is do I stop going to visitation and ask for a hearing ? I can not help my kids get over their feelings on 25 minutes supervised every week. I want a trial/hearing but do I stop and demand a trial/hearing or wait?

Additional information

I have no custody or visitation schedule at this point so asking for a modification does not look like the right direction. My kids are young all under 14. I want to know if refusing to continue supervised visitation and ask for a trial/hearing is better than continuing to see them in this medical vial container. Supervised visitation for this long only reinforces to the kids that they should be in fear of me and that they can not trust being alone with me if they are always in a supervised setting. I can not touch them or kiss them at any time in my 25 minutes and I feel like refusing would be the best way to regain control of a spinning out of control situation.

Attorney answers (4)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Consult with a local family law attorney to help you. Keep seeing your children as often as possible. The more often you see them, the better chance of increasing visitation and improving your relationship with them.

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  2. Marco Caviglia

    Contributor Level 19

    3

    Lawyers agree

    Answered . Strategically, based upon your statement, you might best be served to go for modification. The ages of the children are a factor. Your expert therapists may be of help. You can't do worse than what you have. Continue the visits and keep asking for more time through their therapist.

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  3. Tenaja A. Thomas Montas

    Contributor Level 7

    2

    Lawyers agree

    Answered . This answer is based solely on the limited information in your question because there may be issues that you have not revealed in this forum that could affect the outcome and plausibility of your success with your petition. That being said, I strongly advised you to file a modification petition with the family court but continue with the visits. You are not required to cease the supervised visits just because you are seeking to modify them. I also strongly advise you to consult with an attorney before filing your petition.

    You may contact my office for a consultation for further information.
    website www.montaslaw.com or at my office (347) 455-8023.

    If you find this answer helpful please click the link below this response.

    This information is provided for General Legal Education and does not create an attorney client relationship.... more
  4. Ralph Duthely

    Contributor Level 14

    Answered . I agree with the previous answers. More information would prove helpful. We don't know what happened to make the children not want to visit with you. It may be nothing. It could have started with false allegations and parental alienation. Nonetheless, 2.5 years is a long time to suffer such extreme limitations with, seemingly, little progress. You have nothing to lose by consulting with an experienced and aggressive attorney to help you with this matter.

    Whatever you do, don't stop seeing your kids. That will make things even more difficult in the long run.

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