Michigan:Parent was granted supervised visitation in divorce. Custodial parent used to allow supervised with non-custodial parents family. Now, custodial parent is not allowing non-custodial parent to see child. Non-custodial parent filed motions in court to try to receive joint custody and parenting time. The non-custodial parent has a history of drug and alcohol abuse, but is currently in treatment. Will they still do supervised or unsupervised? If supervised, where do these have to occur and how long will this take place? How can he work his way to unsupervised visitation and receive overnights?
Would like a lawyer for the court case next week, but is that necessary if I already filed the motions myself?
The Macomb FOC will recommend 1yr clean with monthly testing if hard drugs, same with real alcohol problems before unsupervised or overnight. Where depends on history and the level of cooperation by the custodial parent.
Hire a lawyer, that will help.
Keep clean, exercise parenting time and you could have overnights in 12 months.
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They will most likely institute supervised visitation for a short period of time. Perhaps as little as an hour. and work their way up to unsupervised. This will take a year and will depend on noncustodial parents progress. A lawyer is always a good idea.
Divorce / Separation Lawyer
It is absolutely impossible to predict the outcome without knowing more facts, and even then, lawyers cannot guarantee how a court will rule on a particular case.
Having said that, not only should you have an attorney, but should retain one immediately. I say this because your attorney may wish to file an amended motion or more carefully plan the case for presentation to the court. In most cases, people representing themselves are not well-educated in either the law or the types of facts and arguments that will persuade a judge to rule in their favor. This is obviously a very important part of your life. It is well-worth the expense to have an attorney represent you.
This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Criminal Defense Attorney
Hire an attorney as soon as possible.
Kennedy Law Office, PLLC
Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal rights. This answer is for educational purposes only.