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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27594
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have soul custody of my three children, my custody documents

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I have soul custody of my three children, my custody documents state I have the right to decide when where or if their mom visits the children. She pled guilty to neglect in court. She is still under supervised visits at two per month as the familys progress is being monitored. Social services is forcing visits between the children and mother. They are all three special needs.1 with autisum and two with aspburgers, this upsets their behaviors and routines and is setting them back. What are my rights and what can I do about this? Do I have to let her see the kids?
Good morning. I certainly understand your situation and concern. Did you allow the supervised visits, twice per month? If not, who ordered this? In addition, does Social Services have a copy of the order which you have, showing the decision is up to you? If so, how did they respond when you showed them this? If you could please clarify these things, I would be happy to respond.
Customer: replied 4 years ago.
Yes we did show family services the divorce document and they agreed that we do have the right to decide and their response is they if they wanted to they could pull on the specifics to the article 10 legal document with says we should cooperate with family services for period of one year and it is their wishes that we allow the visits to ensure the mother get to have benefit to a parenting class which is mandated on he end. and if they wanted to they said, they would help her take it back to court to acquire visitation rights. My opinion they are hard spot and possibly lying to get us to do things their way? i.e
Customer: replied 4 years ago.
oh and just so you also understand, no we told family services we did no want her to see the children at this point. We wanted to monitor her progress and establish a point that we could supervise her visit with the children personally.
Thank you for the additional information. The key thing which you mentioned above / referenced is that it says " we should cooperate". It does not say you must and it is merely a recommendation that you do. As such, based upon the order and their acknowledged of it, you do have a right to object to forced visit. Based upon what you mentioned above, you do have a valid basis to support it and are acting in good faith and for the best interest of the children. If the child have special needs and the visits are upsetting them, their routines and setting them back, you should present this to social services, in writing and advise them of such. You can explain that you are willing to work with them as best as possible but there needs to be an alternative at this point, since the visits are doing more harm, then help. The Judge will only modify the current custody agreement and allow visitation, if it is in the best interest of the children to do so. Seeing her history and what has come from her visits alone, the Judge may find at this time, that it should not be allowed. The burden would be on her, as the moving party, to show why it should be granted and you can certainly object to it and present evidence to show why she should not have visitation. If Social Services is unwilling to cooperate and you think is lying to you, go back to court and have the Judge clarify anything in the order, which they think is vague and allows them to decide if the visits should happen, not you.
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Hi. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.
The exact statement on the article say the we shall cooperate with preventative services as provided and recommended by the st. lawerance county department of social services, including but not limited to case worker counseling homemaker services yap services mental health evaluations and cooperated with any and all recommended treatement and parenting assessments. meet with the supervising agency alone and with the children when directed to do so by the agency. sign and provide any concent for release of information forms to permit the agency to obtain information from any person or agency from whom the respondant or the children are receiving or were directed to receive treatment
There is a big difference between the words "shall" and "should", since one is compelling and the other is suggestive. With that being said, you do still have the right to act in the best interest of the children. If you feel that the actions of socials services are disrupting the children and their environment, you would need to proceed back to court and get the order / article modified, to limit or even eliminate, the interactions and visits of the mother, with the children, at this time. The burden would be on you, as the moving party, to show evidence of what is happening, as a result of the visits twice a month. Before going back to court, you may want to speak with them and offer other suggestions or alternative to what they are trying to do, to avoid this all from happening and something which you feel comfortable with.
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