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There is currently supervised visit however it doesn’t say anything about my husband not being around my kids. The ex husband lawyer filed for him not being around kids however the judge didn’t say anything about it nor is it in the paperwork . So I’m trying to find out if he is allowed to be around them on these supervised visits or not

Submitted: 7 months ago.Category: Family Law
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12/23/2017
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,400
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Good morning. So you have supervised visitation and want your husband to be around them?

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Customer reply replied 7 months ago
what my ex husbands attoreny filed was that he have no contact but what the judge ruled said nothing about that
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Thank you. If the Judge did not order or rule on this, the filing of the motion/request alone, would not have any legal effect. As such, your husband could be around the children, until the Judge says otherwise. If the Judge did not address this, the attorney for your ex would have to set this for hearing and make an argument, as to why he/the stepfather, should not be present.

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Customer reply replied 7 months ago
My ex husband has custody of them and it’s my current husband that I’m talking about.
Customer reply replied 7 months ago
My ex husbands attorney filed that my current husband not be around them.. the judges fill ruling says nothing about my current husband not being around. Just says that I have to have supervised visits with the kids.
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Yes, I am aware. As I shared above, if nothing was ordered by the Judge about your husband being around, there is nothing preventing this. Until the Judges rules on it and grants the motion that he not be around when you have visitation, there is nothing preventing this.

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Customer reply replied 7 months ago
The papers also say that I reside with a man that’s physically and emotionally abusive.
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
These are mere allegations and would need to be proven by your ex if he is making that claim and trying to use it as a basis to keep him away from the children.
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Customer reply replied 7 months ago
Can I send you a pic of the final ruling
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
Surw
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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
Sure.
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Customer reply replied 7 months ago
Here
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
There is nothing saying your husband can not be preset but if the visitation is being supervised by the father and it was stated within there could be issues if the modification was based upon your current husband.
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Customer reply replied 7 months ago
It was based on my current husband. This visitation is going to be my parents not him. I just don’t want anything to go further south than it already has. Could he file contempt on me if I bring him around them ?
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
Contempt would only be if there is a violation of the order. Seeing how the order was granted based upon your current husband if you do not want problems just do not bring him. That would avoid issue and when you return to court ask about this
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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
Please let me know if there is anything else as I would be happy to reply. If not I kindly just ask that you rate my help at the top at this time just so the site provides me with the proper credit for my answer and time.
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Customer reply replied 7 months ago
That’s initial filling
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
Based upon this and what was granted your husband should not be around the children at this time. When you appear in February you can address this and you could ask that this be allowed but when you have visitation your husband should not be present I am sorry to say
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Customer reply replied 7 months ago
This is what was granted
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
I am aware and saw it before. Since your husband was the basis for this being granted he can not be around the children during your visitation. You shared you so not want this to escalate or to be held in contempt and he should not be present.
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Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

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!

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