When I divorced my ex husband I asked for supervised visitation only in our agreement (our children were 6 months and 2 at the time, 2 and 4 now). For a short period of time I allowed him to try overnight visits 2 nights a month, always with his sister or another family member present at the home. The last time he had them for an overnight the cops were called to the residence for a domestic violence dispute between him and another family member. He called me at work and I could hear my daughter screaming in the background, terrified. I went to pick them up immediately. I got there before the cops arrived got my children and left as the dispute was still going on and my children were completely terrified. I haven't allowed him to take them since this incident rather meeting at a park or having him come to my home to see the kids. Last week he got angry and threatened to take me to court to revise the visitation agreement. Aside from the above incident there have been several incidents of verbal abuse and downright carelessness, such as not using car seats when taking them places, etc. If he were to take me back to court what would happen? Would a judge automatically agree to standard visitation?
1 Answer from Attorneys
Nothinbg is automatic. The judge should look at ALL of the evidence, yours and his., including the testimony of both of you. The judge will not only look at the words spoken, but will also evaluate the credibility of the witnesses.
You should immediately discuss this with a lawyer if he files anything. You should also keep good records of everything that happens including phone calls and conversations and keep copies of all letters, texts, emails, or other documents.