Resuming visitation

[spacecadet]

What is the name of your state (only U.S. law)? WA
My son's mother is currently participating in the bureau of prisons residential re-entry program where she is on house arrest, but still under the custody of the federal bureau of prisons. She has now started demanding visitations. I have asked her and her attorney for an order from the court stating that visitations are to resume, when where and who will be the supervisor. Oh yes she has supervised visitations. I have not received anything from the courts or from her attorney from the courts. Am I legally obligated to resume the visits? Do the visits resume once she has been fully released from federal custody?

 

[Just Blue]

What is the name of your state (only U.S. law)? WA
My son's mother is currently participating in the bureau of prisons residential re-entry program where she is on house arrest, but still under the custody of the federal bureau of prisons. She has now started demanding visitations. I have asked her and her attorney for an order from the court stating that visitations are to resume, when where and who will be the supervisor. Oh yes she has supervised visitations. I have not received anything from the courts or from her attorney from the courts. Am I legally obligated to resume the visits? Do the visits resume once she has been fully released from federal custody?

What was her conviction? What was the last CO regarding Mom's visitation?

 

[spacecadet]

Mother was convicted of 2 counts of distribution of methamphetamine in the form of exstacy. Current court order states every other weekend supervised on Saturday from 10am-2pm. However it also states that precedent to any visitations resuming she is to submit proof and show compliance with any court ordered substance abuse programs. To my knowledge she has not shown any proof to the court of this. She has faxed me copies of some drug classes and a parenting class she took in prison.

 

[Artemis_ofthe_Hunt]

Mother was convicted of 2 counts of distribution of methamphetamine in the form of exstacy. Current court order states every other weekend supervised on Saturday from 10am-2pm. However it also states that precedent to any visitations resuming she is to submit proof and show compliance with any court ordered substance abuse programs. To my knowledge she has not shown any proof to the court of this. She has faxed me copies of some drug classes and a parenting class she took in prison.

Maybe I'm just a complete moron when it comes to drugs (duh), but meth in the form of X?

Does your CO say WHO is to supervise or WHERE? Are the CO'd classes specific as to whether they are supposed to be 'accredited' (for lack of a better term)?

 

[spacecadet]

Apparently with X there is always some sort of drug added to it to give it that awake happy and ready to party feeling.
As for the CO. Yes it says that the visits are to be supervised by my parents or a supervisor that I approve of. I dont trust any of her family and she has caused so many problems for my family that I dont want to put any of them through it again. I have asked the courts for a supervised facility to conduct the visits, but I dont think there is one available or the court didnt have any information on one. The one place they assigned for her very last visit before going to prison was a domestic violence shelter that didnt really supervise the visit they just followed her around wherever she wanted to take my son.

 

[Tex78704]

The last court order on visitation stands as it is currently written.

She does not need to, nor will she likely get, per your request, another order from the court stating that visitations are to resume, when and where, and who will be the supervisor. The only way she might get such an order anytime soon is to take you back to court on contempt alleging you are interfering with her visitation rights. Then, you both will have an opportunity for a judge to work out your differences, but possibly not to your liking.

Point is you can stall and be a PIA, but eventually the mother will be given visitation with her child if that is what she wishes. If she behaves herself, her visitation may eventually be unsupervised and increased to standard visitation.

Given the visitation order is currently only four supervised hours every other Saturday, it would be most unreasonable for a parent to refuse to accomodate this or deliberately overcomplicate things to ensure visitation is not able to be done.

 

[bononos again]

Is the CO specific on the "substance abuse programs"?
In/Out patient? Testing? Reporting proof to you or courts?

 

[spacecadet]

She is to show proof and compliance with a substance abuse evaluation.

I think you are getting away from my original question. I didnt mean to distract with the part about being in compliance with SA treatment. My question is if she is still in federal custody am I required to resume visitations.

I am only speculating because I was not there, but she had a court hearing with her other sons father and he told the court that she was not even technically out of prison yet and she was not awarded any visitations. I just dont want to be in the wrong.

You can call me a PIA or POS, it doesn't really matter. I have my reasons for not wanting this woman to ever be out in public with my son again. It would take a novel tell you the entire story, but I will give you the shortened version.
My sons mother was involved with a local chapter of the Vice Lords gang who were under a 2 year investigation with guns, drugs, extortion and prostitution. 29 people were arrested including my sons mother on the day of the raids. Every person involved in the case received 5 to 10 year sentences except for my sons mother who "worked a plea deal with the prosecutors" I am sure all of you who know law know that means she snitched on the other people involved. It is also my understanding that as part of her plea deal she gave the whereabouts of weapon that was used in a murder which resulted in more arrests. These gang members she was associating with and hanging around are the type that will not easily forget being ratted on. My fear is they will come for her one day and if my sons there he will become an innocent victim of retaliation. I could not live with myself if anything ever happened and I didnt do everything in my power to prevent it. I have expressed my concerns and asked that the visitations be at a licensed supervising facilty, but she wont do it. She says that there isnt one where she lives, I cant find one either, and she wont travel to where there is one.

 

[CourtClerk]

I can guarantee you that if she's in prison, she's taking substance abuse classes. If she's in re-entry, she's continuing with her substance abuse classes.

What's the harm in allowing this woman to visit with her son 4 hours a day, twice a month? Unless the court suspended her visitation because of her incarceration, then the order stands.

 

[spacecadet]

I understand that she may be involved in a SA class and that the court will recognize that as satisfying the requirements of the CO.

I am asking if I am legally bound to resume visitations before she is released from federal custody??

 

[CourtClerk]

I understand that she may be involved in a SA class and that the court will recognize that as satisfying the requirements of the CO.

I am asking if I am legally bound to resume visitations before she is released from federal custody??

Unless the court suspended her visitation because of her incarceration, then the order stands.

 

[spacecadet]

I dont know. Would that be a court order specifically saying that it stops while she is incarcerated?? She requested for the visitations to continue while she was incarcerated and the judge denied her motion.

 

[bononos again]

She is to show proof and compliance with a substance abuse evaluation.

I think you are getting away from my original question. I didnt mean to distract with the part about being in compliance with SA treatment. My question is if she is still in federal custody am I required to resume visitations.

I am only speculating because I was not there, but she had a court hearing with her other sons father and he told the court that she was not even technically out of prison yet and she was not awarded any visitations. I just dont want to be in the wrong.

You can call me a PIA or POS, it doesn't really matter. I have my reasons for not wanting this woman to ever be out in public with my son again. It would take a novel tell you the entire story, but I will give you the shortened version.
My sons mother was involved with a local chapter of the Vice Lords gang who were under a 2 year investigation with guns, drugs, extortion and prostitution. 29 people were arrested including my sons mother on the day of the raids. Every person involved in the case received 5 to 10 year sentences except for my sons mother who "worked a plea deal with the prosecutors" I am sure all of you who know law know that means she snitched on the other people involved. It is also my understanding that as part of her plea deal she gave the whereabouts of weapon that was used in a murder which resulted in more arrests. These gang members she was associating with and hanging around are the type that will not easily forget being ratted on. My fear is they will come for her one day and if my sons there he will become an innocent victim of retaliation. I could not live with myself if anything ever happened and I didnt do everything in my power to prevent it. I have expressed my concerns and asked that the visitations be at a licensed supervising facilty, but she wont do it. She says that there isnt one where she lives, I cant find one either, and she wont travel to where there is one.

You have to be clear on the order and if she is in compliance so that is the subject at hand. If she is complying with the "substance abuse program" then the order is to be followed as stated until/unless it is not complied with. If there are other issues that have developed, then you must file with the courts to modify the current order. Federal custody has no bearing on the current CO. It must be followed if she is in compliance unless you file to modify it. But, if the order states "a licensed supervising facility" then choose one and make the arrangements. If she doesn't show, then that is on her, not you.

 

[CourtClerk]

I dont know. Would that be a court order specifically saying that it stops while she is incarcerated?? She requested for the visitations to continue while she was incarcerated and the judge denied her motion.

Then you already have your answer and redundancy is not my strong suit.

 

[spacecadet]

I am sorry,I put motion and there was never a motion filed or signed by the court. She requested it in open court and the judge denied her request. Again sorry I didnt mean to write down motion