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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.

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Attorney answers 4


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.


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.

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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.)


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.

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