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Curious19
05-15-2007, 05:44 AM
In our court order regarding custody and visitation, the guardian added that my husband's daughter not be alone with her maternal grandfather. He has a long arrest record and he is abusive and a recovering alcoholic and drug abuser. We hired a private investigator because we knew grandpa was babysitting her with no adult to supervise them. We got video of her coming home from school and going into his house. Do you think we need more than the one day? What would be the best thing for us to do? We have a court date in a few months that had to do with withholding visitation. In the court order it states that the paternal grandparents should be considered for babysitting, so she can't use getting a babysitter at the last minute. What advice would you give me? What is the best and worst case scenario for us?

Zephyr
05-15-2007, 06:06 AM
you are being taken to court for contempt for withholding visitation and are thinking of doing it again? how about your husband contacting mom and saying "hey, remember this court order? it says to consider my parents for babysitters, how can we make this happen?"

Curious19
05-15-2007, 06:15 AM
Ok - first, she has custody and my husband filed contempt against her for withholding his visitation. When he tries to talk to her about this stuff, her repsonse is "Nobody can tell me what I can and can't do or tell my daughter." It just says she has to consider his parents for babysitting and she doesn't want to... I guess it is better to break a court order. Plus, we have a guardian who isn't doing her job, so that frustrates everything.

Zephyr
05-15-2007, 07:43 AM
if there first right of refusal in the court order?

Curious19
05-15-2007, 08:22 AM
I am not sure what that is.

Curious19
05-15-2007, 08:24 AM
Ok I tried looking it up, and both parties signed it along with the guardian and judge, so it was all agreed upon. Does that answer your question?

Zephyr
05-15-2007, 09:34 AM
first right of refusal is where either parent must offer the care of the child to the other parent if they are unable to care for the child for over a specified period of time, soooo if kiddo gets home from school at 3:30 but mom doesn't get home from work until 6:00 and the CO states that FROR should happen anytime a parent cannot provide care for their child for periods of time over 2 hours, then technically dad would have the first option to care for kiddo for those 2.5 hours

xena
05-15-2007, 10:21 AM
In our court order regarding custody and visitation, the guardian added that my husband's daughter not be alone with her maternal grandfather. He has a long arrest record and he is abusive and a recovering alcoholic and drug abuser. We hired a private investigator because we knew grandpa was babysitting her with no adult to supervise them. We got a video of her coming home from school and going into the house. Do you think we need more than the one day? What would be the best thing for us to do? We have a court date in a few months that had to do with withholding visitation. In the court order it states that the paternal grandparents should be considered for babysitting, so she can't use getting a babysitter at the last minute. What advice would you give me? What is the best and worst case scenario for us?

Unfortunately, the video may not do any good if the court order simply states that she isn't to be left ALONE with the grandfather. A video showing her going into the house isn't proof of her being ALONE with him, and I'm pretty sure that is exactly the defense that would be used, sorry.

Does the grandfather live in the same house as your step daughter?
If not, your husband might need to try to have the order modified to read that the child cannot go to the grandfather's home alone.

Curious19
05-15-2007, 10:26 AM
Well, my husband is in 1 state and his daughter is in another. It says the paternal grandparents are supposed to be considered for babysitting. The grandfather lives with his wife, and they share a vehicle. He got video of the mom's car at work and the grandpa's car at his wife's work. Then he got the grandma coming home from work, and he also got the grandpa outside smoking.

xena
05-15-2007, 10:37 AM
Well, my husband is in 1 state and his daughter is in another. It says the paternal grandparents are supposed to be considered for babysitting. The grandfather lives with his wife, and they share a vehicle. He got video of the mom's car at work and the grandpa's car at his wife's work. Then he got the grandma coming home from work, and he also got the grandpa outside smoking.

If the court order reads exactly what you stated, the key word you need to worry about is the word "alone". Your husband will need to definatively prove that the child was with the grandfather while NO ONE ELSE was present. The video you describe only implies that they MIGHT have been alone, not that they were actually alone together.

Curious19
05-15-2007, 10:52 AM
Ok I think it says "The minor child is not to be unsupervised with the maternal grandfather." What if the child admits to the guardian that she is alone with him? I doubt that will happen because her mom preps her before the meetings, and we were told about 5 months ago that the guardian planned on popping in during lunch unannounced to talk to my stepdaughter, but that has yet to happen and she has 6 days of school left. And the guardian will not return our calls or emails, and she said she can't talk to us for another week because she has laryngitis....Our attorney is beyond frustrated with her as are we....

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