My ex is asking for a modification of visitation, moving from supervised visits to overnights twice a month. Nothing has changed since our divorce two years ago—he’s still inconsistent with visits, has been homeless, drinks, and is dealing with an open felony DV case (not involving me). Since nothing has changed, what are my chances of keeping the current arrangement? Will the court grant him unsupervised visits? I thought they needed to prove a substantial change in circumstances. Also, our child has special needs, and he has never cared for them alone. Will they consider a step-up plan or maintain the current terms since he hasn’t provided a plan for our child?
Look into Family Code section 3044, which may apply due to the DV history in the last five years. It could influence the court’s decision.
If he doesn’t have a solid reason for being inconsistent, asking for more visitation may not go well for him. Consider asking the court to reduce his supervised visits based on his patterns.
It’s important to establish a set visitation schedule. Propose specific days and times that work for you, reflecting how he typically utilizes visitation.
Consider having visits take place at a court-approved visitation center. This creates a record for the court and can help if issues arise during visits.
Given the circumstances, it’s unlikely the court will grant unsupervised visits without substantial proof of change. Stay prepared and document everything.