Legal Question in Family Law in California
My current court orders show that I have sole physical custody and my ex-husband has supervised visitation. The wording for the supervisor is "Jennifer (myself) or another mutually agreed upon party will be the supervisor" I am no longer able or willing to supervise the visits for various reasons. Am I able to require that a paid supervisor take over?
2 Answers from Attorneys
No, you are required to make a good faith effort to agree on another mutually acceptable supervisor, and if you cannot, then you need to go back to court for a modification of the order.
Also, if the issues that caused the supervised visitation in the first place are under control; (for example. if it was alcohol: father has been attending AA and has been sober for last however many months) consider submitting a jointly signed stipulation and order to the court for unsupervised visitation for as long as he refrains from the conduct that originally caused the supervised visitation.
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