I was granted sole legal and physical custody of my daughter and son back in 2010. Their father was granted one hour of supervised visitation
to be set up through a specified visitation program. His then/now significant other was specifically mentioned in the custody order as to not have any contact with the kids. All of this was ordered in the state of Pennsylvania, as he was living in that state at the time and I was living in Maryland. He wasn't consistent with keeping his visitation appointments. The supervisor kept track of it, but I'm almost certain that he canceled more often than he attended.
Now we are both living in Maryland and the visitation program coordinator decided that they would no longer take our case and we would have to work out something on our own. He saw them once in the beginning of March 8, 2013 and I supervised, however, he brought the partner who isn't to have contact with the kids and her two kids, so I personally saw it as family time and not necessarily time for him to spend with my two.
I didn't hear from him again until recently on August 2, 2013 and he is wanting to spend more time with them alone, stating that neither of the kids are legal PA residents and we're not operating under any current custody arrangement. I replied the next morning after thinking about it and deciding that I can talk to him about it, but it doesn't mean I have to agree to anything, and I asked how he wishes to discuss it. I didn't get an answer until today, August 15, 2013.
So it has been over 5 months since he has seen or talked to the kids. I know he can't keep a steady job and he would be bringing the kids around the person who is legally excluded from contacting them.
Is the custody order null and void since none of us are residents in Pennsylvania? Do I still have the right to tell him that his visitation will be supervised and he cannot bring his significant other around them? Do I have to allow him extended time alone with them after he disappears from their lives for 5 months? The kids don't ask about him anymore. I had previously asked my Pennsylvania attorney if I should move the order to Maryland, but she advised against it.
I want to know my rights before I reply and before he possibly takes me back to mediation/court. In my non-legal opinion, I don't feel that he should be given that kind of visitation when he doesn't actively express interest in seeing or communicating with them...but it's possible that I'm just being a protective mother