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What are my rights as a non-custodial parent seeking unsupervised visitation?

Syracuse, NY |

Filed a motion and child's father filed cross motion asking for supervised visitation by a program which also helps with parenting skills. Have a history of substance abuse but have been sober for 3 yrs. I've submitted evidence to court showing that I have had both a drug and psych evaluation, and no treatment is recommended recommended at this time, but father is still unwilling to agree to anything I'm asking for. CPS has never been involved, nor has the law and Ive voluntarily sought help for my past drug problem.

Attorney Answers 4

Posted

In the situation you describe, I'm pretty sure any Family Court judge will require you to do suprevised visitation before considering giving unsupervised visits. The best thing you can do is carefully cooperate with everything the Family Court orders. If you do well, you will probably eventually get unsupervised visits.

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Posted

Take the parenting skills class, it is useful for everyone. Consult eith s local Fsmily law attorney to help you. Tme will tell if the judge orders supervised visits. When in doubt judges are risk adverse and will order supervision until you are cleared.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

This is a process and patient pays off. By taking things slowly, and permitting some supervision first, you will build a record and a basis for the Court to grant you unsupervised time. Also depends on the age of the child(ren.)

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Posted

It's not clear whether you have unsupervised visitation now or none at all. If the former, you have a much better chance than if you have none at this time. After 3 years, it is unrealistic that the child and the court will rush into unsupervised visitation if there is an issue of drug abuse. If there are no issues of concern on that end, and if there are no other issues suggesting the need for supervision, your attorney should be able to make convincing arugment.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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