Supervised Visitation Modification
by Keara from Orlando, Florida, Orange County
Hello, my daughter who will be eleven in March has informed me recently that she only wants to see her dad if there is someone there to supervise the visits.
She states her dad has been drinking heavily everyday she is there and that his personality changes.
Several times he has made statements about grabbing a gun and just shooting people, and he drives around with her in the car after drinking.
I want to submit a supplemental modification for visitation to the court, but will I be violating our existing settlement if I don't allow her to visit with him until something is decided? Case is in Lake County Florida.
Answer to Florida Child Visitation Question
It sounds to me like this situation is potentially dangerous for your daughter.
Driving around drunk with your daughter as his passenger can be considered child endangerment.
The other behavior he is exhibiting is disturbing as well.
Filing a Supplemental Petition to Modify is the correct procedure to ask the court to change a current court-ordered Parenting Plan into a Supervised Parenting Plan and visitation schedule.
However, this process could take several weeks to complete and I think your situation needs to be addressed immediately.
My suggestion, assuming you have already tried to talk sense to your ex, is to contact the Department of Children Families
now to voice your complaint. The number in Lake county is (352) 742-6330
They may be able to give you some advice as to how and if to
proceed with the visitation schedule and what you might be able to do. If nothing else the fact that you have contacted DCF about your situation and followed any of their suggestions will give your modification case some credibility.
Above all, the safety of your child is the number one priority. If you feel it is best to keep her from visiting with your ex because of his behavior, who am I or anyone else to tell you that you shouldn’t. You and your ex will have your day in court to explain your actions.
I cannot see how a Family Law judge could fault you for preventing or limiting your daughter's visitations while the modification case is pending. Just my 2 cents. Have a look at the following pages on our site that might help you going forward with your Supplemental Petition to Modify Parenting Plan case....Form 12.905(a) Web-Powered InstructionsChanging Parenting Plan to Sole Custody in FloridaSole Custody Supervised VisitationGaining Full Custody Supervised VisitationFlorida Supervised Parenting PlanNotice:
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