Legal Question in Family Law in California
What kind of people get supervised visitation
I have a case where I served papers to my exgirlfriend for joint custody,visitation,support and her response was to only give me supervised visitation for my 4 month old.In her response she used my felony drug conviction as grounds for saying that it would be unsafe if I were given any kind of unsupervised visitation.Dont they have to prove that I am unfit or will they just give her what she wants.I also am raising my 5 year old son alone from a previous relationship and he is very safe.I have served my time and report for probation every month.
2 Answers from Attorneys
Re: What kind of people get supervised visitation
you need to go to court and get a custody order then she must prove that supervised visitation is required. the judge will probably deny her request unless she can prove you are an immediate danger to the child.
Re: What kind of people get supervised visitation
If I read your message right, it sounds like she is requesting supervised visitation in her response to your motion. She can ask for anything, it is still up to the judge.
You should file and serve a Reply, 5 days before the hearing, stating that you are drug free, paid your dues, raising the other child successfully and offering to take a drug test, at her expense. You might also want to have her tested.
Good luck.
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