My daughter has custody of her 13 month old and the temp orders state "no overnight stays with opposite sex of unrelated"..My daughter lives with me and wants to move out with her fiance..The court date is set for Nov 3..to discuss the new court orders..The father has supervised visits due to drug use and lately has not been visiting due to his mother (the superviser) not wanted to bring him to pick the baby up..My daughter wants the restriction lifted ..Do you think there is a chance they will take that off the court orders? Isn't that taking away from her rights to have her own life..?

My daughter has custody of her 13 month old and the temp orders state "no overnight stays with opposite sex of unrelated"..My daughter lives with me and wants to move out with her fiance..The court date is set for Nov 3..to discuss the new court orders..The father has supervised visits due to drug use and lately has not been visiting due to his mother (the superviser) not wanted to bring him to pick the baby up..My daughter wants the restriction lifted ..Do you think there is a chance they will take that off the court orders? Isn't that taking away from her rights to have her own life..?
There's no way of knowing what a Judge will do, but she can go ahead and ask anyway. Alot of custody orders have that restriction, but I'm wondering, why doesn't she go ahead and get married to her fiancee, then the restriction wouldn't be a problem. There is also another plus to getting married, it shows the court that the child will be living in a secure home. (courts still consider marriage to be more secure than just living together).

Legally, it doesn't matter what a parent wants for thier own life, the courts only deal with what is best for the child, and as you can imagine, a secure home is the best scenario.

Another advantage to a marraige would be that the "step -dad" after a year of marriage could adopt the child and the bio-father's parental rights would be terminated during the adoption....

That provison is in there to protect the child from an unstable home life.... There are some people out there who are not smart enough not to drag home every guy they meet at the bar.