Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

Was just wondering the specifics of visitation at mothers

discretion JA: Family law varies by...
Was just wondering the specifics of visitation at mothers discretion
JA: Family law varies by state. What state are you in?
Customer: Virginia
JA: Have you talked to a lawyer yet?
Customer: Well this is what i obtained through court but was unsure the details. I didnt ask afterwards. I shouldve
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well my ex is in and out jail, is doing drugs and even talking on the phone with his dad has caused turmoil. So seeing what rights i had as far as phone calls a denyinv visitation for previous reasons
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
9/27/2017
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,537
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

If a request for a phone call comes in, it is from the site, not from me. I will be happy to have a phone call with you but only if you want it. If you would like to request a phone call, that’s fine too. There is no pressure and we can stay here if you’d like.

Just clarifying - you are the mother here, and your ex husband is in and out of jail? Is that correct? Thank you.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
to both questions

Okay thank you.

I see you want a phone call here. There seems to be a customer service issue, so if you contact customer serv. they may be able to help you with that. For now, we can stay here.

FamilyAttorney
Category: Family Law
Satisfied Customers: 1,537
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified
FamilyAttorney and 87 other Family Law Specialists are ready to help you
Ask your own question now
Joycelaw
Joycelaw, Attorney
Category: Family Law
Satisfied Customers: 98
Verified
Phone call session started

And you have the child or children, I presume.

If your ex is in and out of jail, is doing drugs, and his life seems to be in turmoil, I'd be very careful about allowing visitation.

You should be asking for supervised visitation, so at some point you should be trying to amend the order.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
One child.
Ive said no to visitstion considering the circumstances. As well as phone calls.I just want to ensure im within my rights for both.I had requested supervised but they said this was good for now.

Someone else got the phone call with you before I did, so you will have two of us helping you. That's always good for you because you get two perspectives. Two lawyers can offer two different opinions.

So I'll continue answering here.

You want to get an amended order which provides for supervised visitation. This order is too open-ended. Sometimes at the discretion is a good thing in the order, but when you have an ex who has all these issues, you don't want the kids with him when he's got these issues. So, when you can, bring the case back to amend the order to supervised visitation only.

Then you can avoid worrying about the safety of the child(ren).

How do I know this?

Because I'm a guardian ad litem in my state. I represent children.

Thanks for that information. If you were unrepresented, that's probably why you got no supervised visitation. That's crazy, because in this situation, you should have supervised visitation. If I were the GAL on your case, I would want supervised here.

So if it's at your discretion, tell him (when he asks for visitation) that it's at your discretion, which means whenever you see fit, and that you want to supervise it. Or you can have a relative or trusted friend supervise it. An open-ended order like this is open to all kinds of interpretation, but you can try to insist upon supervised visitation, for a few hours only. That's what an open-ended order allows you to do, so long as you're not denying visitation. But the child should not be around him right now. The child may not be safe, so I would hold off. Has he asked you for visitation yet?

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Ive had help on here previously but with a different matter

Okay, thanks.

I would suggest that at this time, you can hold off on visitation because it's not safe.

You can allow and should allow phone contact once or twice a week because that will ensure your child's safety. As long as he doesn't psychologically abuse or harm the child, at least he's getting a phone call.

I would suggest that you wait for visitation until you know he's off drugs or he's not going to harm the child.

I have to say this was a bad order by the judge but I've seen these before, unfortunately.

Please let me know if there's anything else I can answer for you. I'm always happy to do so. You can come back here at any time, free of charge, for a follow-up question or two.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
He has asked for visitation. And on occasion callls but is not consistent, very sporadic. Hes homeless and has no fixed address. I had representation, my lawyer said that it would be a cost to have supervised visitation. So it went from him having visitation to visitation at my discretion in a public place. Only thing that he has unlimited access wasschool and medical.That was my concern. They

If he is homeless, say no to visitation! That's a dangerous situation. He's homeless, uses drugs, goes in and out of jail. I would not allow visitation at this time unless it were supervised. While the order doesn't specifically state that, a guardian ad litem will probably back you here.

He can have school and medical records, no problem. He can have phone calls but if they become an issue for your child such that your child gets upset to talk to him, then that's a problem. How old is your child?

Ask Your Own Family Law Question

And your lawyer should have pushed for supervised, I'm sorry to say. I'm looking out for the child, and that's not what I would have done.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
allow the calls even if he only tries once or twice 2-4 months at a time? It does appear upsetting for our child. He kicks, throws the phone or hides it. Hes 4I will work to get amended.

Yes, I see what you're saying. I would do this. Tell him he has to call regularly or not at all. That's what I would suggest, because it's upsetting to the child. I expected that, just didn't know how old the child is. If your child was much younger, that might be okay, but by 4, the child gets upset because daddy is already showing he doesn't care, and that's awful for the child. So that's what I would suggest re: phone calls.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
I feel you i appreciate your advice and tbats how i feel. I dont want this to be an additive detriment to our child nor with his situation hes a potential danger to everyone including myself which is why ive said no, but want to make sure im staying in guidelines and the best way to help keep our child safe

Right. I agree. If you need a guardian ad litem, next time, you can ask for one. You may want a more aggressive lawyer as well. In any event, my concern is to keep your child safe, and that includes psychologically, so yes, limit the phone call to either regularly or not at all because this is going to impact your child.

Ask Your Own Family Law Question

Good luck to you and I hope that this works out for you. He's a danger, obviously, and this is not the way for a parent to behave, but you'll have to show that you offered him regular contact or not at all. Keep a diary/journal of what you offered him so you have a record for the court, okay? Let him know he has to call regularly or not at all, and he has to allow supervised visitation or he won't be able to see the child because of his current state. Be well!

Ask Your Own Family Law Question

In the journal, write what day, what time, and what you said, what you offered. If you have emails, keep them; if you have texts, make hard copies of them too. Keep copies of his answers also.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Ive said similar on being consitent and he hasnt but i see what you and another lawyer called and said so i will work with my lawyer to better amend the order.
Customer reply replied 1 month ago
Thank you for your time and information.

You're most welcome. Best of luck to you! I'm happy to help you again at any time.

You can come back here for a free follow-up which is what you can do with the person you are chatting with (me :)

You can come back here at any time for a follow-up question and I'm happy to help. Have a great day!

Ask Your Own Family Law Question
Ask FamilyAttorney Your Own Question
FamilyAttorney
FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1,537
1,537 Satisfied Customers
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years

FamilyAttorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
This is a Family Law question. My "spouse" moved to Arizona
This is a Family Law question. My "spouse" moved to Arizona from Florida almost a year ago and will not allow me to see my daughter. That's right I haven't held her in a year. There is no custody agre… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question for an immigration and family law attorney
I have a question for an immigration and family law attorney in reference to taking my newborn baby to China for one year to stay with her grandparents. Details: My daughter's mother is from China and… read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
Our question is family law how do we address mothers
Our question is family law how do we address mothers hindering the medical and independent needs of son in wheel chair. failing to meet the recommendations of school and doctors . by doing everything … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
I currently have supervised visitation with my children per
I currently have supervised visitation with my children per a temporary order from 8/4/17. I fear that my children are in danger with my ex-wife because of her family's culture (her father molested ex… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If both parents have supervised visits and the grandparent
if both parents have supervised visits and the grandparent is awarded Permanent Managing Conservatorship … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
Does a gran mother have the right for visitation with gran
Does a gran mother have the right for visitation with gran sons? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
I have temporary supervised visitation. I was granted 8
I have temporary supervised visitation . I was granted 8 visit. my son father is violating the court order. What can i do? and what will happen as a result… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
Family law My custody visit is 5pm to 8pm. Wife shows up at
Family law My custody visit is 5pm to 8pm. Wife shows up at 7:30pm with dog and asks the children if they want to talk and walk with her and dog. She then direcfs them to her car and leaves at 7:45pm.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
I know different States has different family law, and I live
Hi, I know different States has different family law, and I live in NYC, my question is: if the father filed a petition for visitation, according to the NY family law, the father must has the right to… read more
FamilyAttorney
FamilyAttorney
Lawyer
1,537 satisfied customers
Can dcpp tell me that i have to have supervised visitation
hi, can dcpp tell me that i have to have supervised visitation with my teenage daughter whom is currently under my custody? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
My son had supervised visitation at the local county women's
My son had supervised visitation at the local county women's center in Angleton, Tx. He had issues with them and they told him he could not use the center anymore for visitation. Keep in mind, he was … read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
Family law - custody issues, Arizona, mother in Tennessee
Arizona, mother in Tennessee and jurisdiction in Alaska where custody granted to father who just moved here to Arizona to help aging family members … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
My ex has supervised visitations now. We have a hearing in
My ex has supervised visitations now. We have a hearing in November. Yeatersay he apent time with the kids. He was acring auper friendly with my family( I am not present during the visits), he also wo… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
This is on potential supervised visitation case. Illinois.
No. My daughter has a daughter that is 17 months old. The father is not on birth certificate. We have had him try to be as involved as possible by letting him stay at our house on weekends. He lives in a house with a few other guys he met on Craig list and my daughter doesn't want her there. Also he is involved in a very volatile relationship. This girl is angry that he has a child with my daughter and continuously calls and harasses here. The latest calls were messages she left on voicemail. We now have not hear from the father in s month. When my daughter asked if he was going to help out financially at all he replied he would see her in court … read more
FamilyAttorney
FamilyAttorney
Lawyer
1,537 satisfied customers
My son has court ordered supervised visit with his daughter
My son has court ordered supervised visit with his daughter and has had for a year(He was a former drug user). My husband and I do the supervising. The child lived with her mother until she supposedly… read more
FamilyAttorney
FamilyAttorney
Lawyer
1,537 satisfied customers
My 10 year old daughter has supervised visits with her
My 10 year old daughter has supervised visits with her father in a public place for 4 hours once a week. Due to sexual molestation. It is supervised by girlfriend. My daughter recently told me that he… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x