Resuming visitation

[spacecadet]

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.

Ok so let me understand your saying if someone is a federal inmate and they have a CO saying they have supervised visitations then they can enforce that and make you give them visits even if they are not out?

 

[Proserpina]

Ok so let me understand your saying if someone is a federal inmate and they have a CO saying they have supervised visitations then they can enforce that and make you give them visits even if they are not out?

Short answer:

Yes.

The CURRENT order takes precedence; if there is no order specifically suspending visitation while Mom is actually incarcerated, you must comply with the current order.

 

[bononos again]

Ok so let me understand your saying if someone is a federal inmate and they have a CO saying they have supervised visitations then they can enforce that and make you give them visits even if they are not out?

She is "out" according to you. She is on house arrest and "out" of prison/jail encarceration. She was denied visits, according to you while she was "in". house arrest is "out".

 

[Proserpina]

She is "out" according to you. She is on house arrest and "out" of prison/jail encarceration. She was denied visits, according to you while she was "in". house arrest is "out".

Well yeah...there is that, too!

 

[spacecadet]

Well first of all I thank you all for your advice and opinions. Something is not right here. This is not the first time she has requested visitation and I have denied it. She has still failed to file her documents showing compliance with the court. You dont know this woman like I do. If she thought I was wrong she would have filed contempt already. She filed contempt on me three times in two months before she went to prison for interfering with visitations and never won. I am concerned that if I am in the wrong I will be found in contempt if she files it, but I guess I will have to wait and see what happens.

 

[spacecadet]

Well yeah...there is that, too!

I really dont think I can agree with you there. Being part of a BOP program that puts you on house arrest is not being out. You are not locked in a facility, but you are still in the custody of BOP.

 

[Proserpina]

Well first of all I thank you all for your advice and opinions. Something is not right here. This is not the first time she has requested visitation and I have denied it. She has still failed to file her documents showing compliance with the court. You dont know this woman like I do. If she thought I was wrong she would have filed contempt already. She filed contempt on me three times in two months before she went to prison for interfering with visitations and never won. I am concerned that if I am in the wrong I will be found in contempt if she files it, but I guess I will have to wait and see what happens.

Of course we don't know her.

That's how we're able to be objective.

I strongly suggest you speak with your attorney before you continue withholding visitation before you get into serious legal trouble.

 

[bononos again]

Well first of all I thank you all for your advice and opinions. Something is not right here. This is not the first time she has requested visitation and I have denied it. She has still failed to file her documents showing compliance with the court. You dont know this woman like I do. If she thought I was wrong she would have filed contempt already. She filed contempt on me three times in two months before she went to prison for interfering with visitations and never won. I am concerned that if I am in the wrong I will be found in contempt if she files it, but I guess I will have to wait and see what happens.

The thing that is wrong here is that you are not being clear on the current CO. The court denies visits, not you.

 

[bononos again]

I really dont think I can agree with you there. Being part of a BOP program that puts you on house arrest is not being out. You are not locked in a facility, but you are still in the custody of BOP.

She is now available for visits and a house arrest program would probably allow time for visits with children unless otherwise order not allowed by a court. If she shows a CO for visits, they would most likely allow a window for the visits. Just as they would allow for work time if proven.

 

[Proserpina]

I really dont think I can agree with you there. Being part of a BOP program that puts you on house arrest is not being out. You are not locked in a facility, but you are still in the custody of BOP.

Look, if you don't like or believe or agree with what you're being told here - you've already been advised to speak with your attorney.

Or are you just here to argue?

 

[spacecadet]

Of course we don't know her.

That's how we're able to be objective.

I strongly suggest you speak with your attorney before you continue withholding visitation before you get into serious legal trouble.

Well I really wish I could, but because of all the court I had to go to before she went to prison I could no longer afford an attorney. Between june and october of last year I spent over $10,000 fighting all of her lies and contempt charges. I have called my old attorney and asked him this same question and asked if he could just give me his advice so I will have to wait and hear what he has to say.

 

[spacecadet]

Look, if you don't like or believe or agree with what you're being told here - you've already been advised to speak with your attorney.

Or are you just here to argue?

I am not arguing. I was only making my own statement. I appreciate the advice that you are all giving. I will take all of this advice into consideration and hopefully I will get to speak with an attorney on this. I am very questioning when it comes to this. I have been through a lot to get my son and it has not been easy so I apologize if it seems like I am trying to argue. I only came here to get outside advice and opinions.

 

[bononos again]

Look, if you don't like or believe or agree with what you're being told here - you've already been advised to speak with your attorney.

Or are you just here to argue?

Here to argue is my vote... notice your point blank posts are the only ones getting a rise and response, yet, I cannot get an actual answer to what the current CO actually states.

 

[LdiJ]

I am not arguing. I was only making my own statement. I appreciate the advice that you are all giving. I will take all of this advice into consideration and hopefully I will get to speak with an attorney on this. I am very questioning when it comes to this. I have been through a lot to get my son and it has not been easy so I apologize if it seems like I am trying to argue. I only came here to get outside advice and opinions.

I understand what is going on here. Part of you simply wants mom out of your child's life, and part of you is afraid that gang retaliation will happen and your son will get caught up in it. Unconsciously you may even have a tiny hope (without even realizing it) that gang retaliation WILL happen and make the whole thing go away.

So you want to stall. I completely understand that. If I were in your shoes I would very likely feel exactly that same way. This is a serious situation with potentially serious consequences.

However, I do think that you are grasping at straws in your hope that she is still considered to be "incarcerated" as far as supervised visitation is concerned. Also, she CANNOT travel to where there is a supervision center available, not while she is on house arrest.

So, you have a decision to make. Comply with the order and select a supervisor and give mom the visits...or, risk the contempt. What are the risks of contempt? The biggest risk is loss of custody, and I doubt very much that there is any chance whatsoever of that happening to you. Not with the set of facts here. The next biggest risk is jail time, and again, I see that as very unlikely if you have never been held in contempt before. The last risk is being fined...maybe just a little, maybe a lot.

So, which risk is the greatest? The risk that you cannot arrange the supervised visits in a way that ensures your son's safety, or the risk of being fined, maybe a lot? Only you know the answer to that question. Only you know how big of a risk there is of retaliation, and only you know how much damage being fined can do to you.