Legal Question in Family Law in California

Establishing a patern of parental contacts or visitation greater than provided in an existing order, if it goes well, will always raise a presumption that a modified order to conform with reality would be in order. Whether it would raise an opportunity to ask for more, would depend on details and circumstances that would be pure speculation at this point. Alternatively, however, he could just go in and ask for a modification and get more than you are comfortable with. So a stipulation to a modified order on terms you want may be your best option.

I completely agree with Mr. McCormick. Custody and visitation changes only require two things: a change in circumstances and the requested change be in the best interests of the children. The courts will generally error on the side of safety but they also are predisposed to keeping children with both their parents. So in this situation if you start allowing visitation, even though it is supervised, he may then seek a modification requesting supervised visitation. The court will be inclined to grant it, since it is already happening in reality. The next move to anticipate is that he will then seek unsupervised visits. I agree with Mr. McCormick whether he gets them or not would depend entirely on the individual circumstances and for that you would need to seek the advise of an attorney on a private basis. However, from the facts you have provided there seems to be nothing to prevent him from seeking a modification in the visitation directly through the court. So perhaps anticipating the situation and stipulating to a modification that is more on your terms than his would be a preventive measure. I would suggest you consult with an attorney on a private basis. Generally attorney will consult for an initial visit for less money then they normally charge and it might behoove you to find out where you stand. It is really impossible to give you any type of really accurate assessment in this type of forum. Good luck.