My former spouse has been convicted of Contributing to the deprivation of a Minor. The minor is my daughter. As a condition of her probation, she is not allowed to have ANY unsupervised contact with minors. Does anyone know how this would apply to visitation of our daughter? Should I let her see her under my supervision at my home or not at all. She is in a heavily medicated state most of the time due to alleged fybromyalgia. I am awaiting the courts to sign off on my custody change in July and I do not know if I have to abide by any set visitation schedule. Any answers would be helpful.Visitation of a child when a parent is on probation?This is a question of legality as well as child welfare. Get good legal advice from your attorney, it is highly possible that any visitation would have to be under the observation of a trained child welfare worker. Get you daughter into counseling if you have not and get input from the counselor on what would be best for you daughter in terms of visitation or no contact and press for those terms. DO NOT be passive and wait for the courts to set the terms be proactive and use %26quot;experts%26quot; to help shape the process. Don't say you can't afford it, you can't afford not to.Visitation of a child when a parent is on probation?File for emergency modification of visitation and request that visitation be changed to supervised until the duration of probation is up, at which point the court can reconsider. Court will very likely order supervised visitation over no visitation as this is, after all, the child's mother, and the court will not consider it in the best interest of the child to not see mom at all unless she is declared unfit, which will likely not happen since what you described makes her just a person of ill health and poor judgement, not wholly unfit.
Until then, if she sees child without the supervised visitation, she will be in violation and that is on her. She would be wise not to exercise her visitation, but file the emergency modification anyways; you don't want to be found in contempt for denying visitation. The court will likely order you or a third party to supervise visitation.Visitation of a child when a parent is on probation?I would say that you need to supervise the visits. Most states allow you to violate the court order if abuse of a child has happened so you will be ok when it comes time to go to court and make it official. So you shouldn't be afraid of being in contempt.
Good luck!
