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Child visitation I requested temporary visitation. and judge asked my wife to respond and she said supervised only

Orlando, FL |

My soon to be ex wife will not allow me visitation unless its supervised thru a court place . that supervises. i asked her and judge for visitation and she has written judge she doenst feel its in the kids best interest. and she claims I was drinking last time I saw her and children. No arrests no incidents when she was referring just her feelings to the judge . that was in October she was referring and she is lying. Can the judge just agree with supervised based on her feelings. With out any child endangerment.I filed for temporary shared parenting and she responded with her feelings and aske for supervised only. Can I write the judge again . He didnt make a descission yet. But what if he says supervised only. Not fair. plus it costs money. please advise. no money for attorney.

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Attorney answers 3

Posted

She (and you) can request anything within reason, it is not out of the ordinary to ask for supervised visits, but she better have a good reason to back that up! The Judge has not made a decision yet because there has been no hearing on the matter, he won't make one based on your pleadings/letters. Call the Court and ask to get a hearing on this matter! Also, you may want to speak with an attorney, most offer free consultations, you may find that it is within reason (especially considering it involves your children)

Please be advised that by answering this I have not formed any attorney-client relationship nor have I intended to guarantee any outcome. You should always speak to an attorney with all the details to form the best option you have.

Asker

Posted

sorry whats in reason. so me asking and her concerns arent enough. I never did anything to my kids and its been 3 months since she filled . I have not ssen them .. we have 4 months left on final hearing date. She claimed in a letter She suspected me of drinking the last time our whole family got together. and i wasnt and there was only her feelings so she wrote her response based on her beliefs that i was activley drinking when we got together. Again I wasnt and I wasnt event driving with my kids or anything . again i do have a few misdomeanors on my record. nothing involving kids or abuse or anyhing stupid stuff when i was an active alcoholic. I am in recovery now .. can i call the Judge assitant and ask for a hearing. I thought my motion was that. andd how can acussations with no proof be allowed to be said to hurt me.. and is child support unrealted to visitation. as she said get payng my support and we will talk about visits....also supervised visitation can last a year and its expensive and a wait to get into program. what has to be the circumstances and facts to warrant such an order...... sorry but i need these answeres

Matthew Alan Benzion

Matthew Alan Benzion

Posted

A motion states what you are looking for from the court. Then you have to ask for a hearing on your motion where the court will take testimony and evidence. Call the Court. The Court is concerned with what is in the best interests of the children. Be prepared to describe how you were involved in the children's lives before your separation. How you spent time with the children ALONE and cared for them. The things you did to care for them. Be prepared to highlight how her concerns are only concerns and they are not based upon any actual incidents that happened that with you and the children. That you haven't been in serious trouble with the law or any trouble for quite some time. Talk about your desire to have time with the children and be in their lives and contribute to caring for and raising them. Be prepared to describe your recovery efforts and successes and how going through that has equipped you to be a better father. Child support is not related to supervision, but supervision, or how much time you spend with the children, is related to child support. That is, child support is a formula that is based on both parents' income and how much time the parents spend with the children. For example, if both parents income were equal and one parent had 80% of the time with the child, the parent with 20% time with the children would pay child support.

Joshua Edward Rhea

Joshua Edward Rhea

Posted

Thank you for answering his follow up questions Mr. Benzion, I was unable to get to the computer to do so.

Posted

I agree. You need to schedule a hearing on your motion for a temporary timeshare schedule. During this hearing, the Judge will make a decision using the best interest of the child standard. The Judge needs more from the mother than "because I said so". She needs proof. If these allegations are false, as you say, then you don't have to worry about her having anything to back up her claim. Perhaps you should contact an attorney in your area to review your case and discuss possibilities of representation with you. Good luck.

Posted

You need to get an attorney, without one you may well end up hating the system for many years to come. Basically you cannot afford not to have an attorney on your side and fighting for you.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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