dimanche 2 juillet 2017

Custody and Visitation Issues: Can Parents Agree to Unsupervised Visits if the Custody Order Requires Supervision

My question involves a child custody case from the State of: New York

My custody order states that my ex husband has visitation of or son every other weekend at his parents residence, and they must be in the vicinity during said visitation.

My question is can I write a note or otherwise give him permission to take our son to the park or whatnot during visitation? Maybe a notarized agreement for an extended trail period before committing to a changed agreement?

I have full custody, legal and physical, he has just visitation. I don't wish to go to court to change our order, as he has not taken our son on outing by himself and I don't wish to be locked into a new court order.

Back Story:
Our son is four. I left when he was six months old due to abusive circumstances, hence why I have custody. Originally I agreed to allow him to "work up to overnights" once a week with our son when he was about a year old, but that turned into another trip to court due to neglect and a dangerous situation as his girlfriend at the time was involved in a case with child protective services due to neglect of her own children. My ex then moved back home after that situation didn't work out and is the reason our order involves his parents residence. I communicate regularly with his parents and we work out visitations, as that is in the court order as well. He is allowed extra parenting time, which sometimes works out, but sometimes does not. (Ex an entire week before a holiday when it's the only week we both have off to spend with our son). The communication is severely limited between myself and my ex. He has had many jobs and moved no less than five times since our first agreement. He has moved now into a place on his parents property. I would like to allow him to take our son to do things in the area. Which I had thought he was allowed to do as long as his parents were reachable. He continues to argue that he will get arrested for breaking the court order. Or son enjoys spending time with him ( which was usually not very often, but he is now actually utilizing the visitation times) and I would like to give him a chance to try and take our son on his own in an attempt to move forward in their relationship. I do not want to go to court and grant him the permission without knowing how he might handle situations that arise. But he continues to be angry with me for "denying him parenting time". I am only comfortable with this because I live about 3 miles from his parents, and now his, residence. I will be available if any medical emergencies arise and anything he might want to do with our son would be in about a 20 mile radius. This is my attempt to establish some sort of co parenting relationship, as our son will be attending school in the fall and will most likely get off the bus there if I'm working. He has tried to take me to court on two occasions the last year and it was thrown out as the circumstances have not changed from a legal standpoint. I would just like to allow him another chance to try to get a handle on parenting, as our son is older and can express things. I'm hoping that in the last couple years my ex has learned how to better manage stress, anxiety and anger and has grown up a little for our sons sake. I'm trying to reach a situation that would maximally benefit our son without jumping into a changed legal agreement not knowing if it would be feasible where our sons safety and emotional well being is concerned.


Custody and Visitation Issues: Can Parents Agree to Unsupervised Visits if the Custody Order Requires Supervision

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