littleones
New Member
Hi there...hopefully someone can give me some advice for my brother on this. We live in California!
Back in 1996, my brother was awarded full physical custody of my 2 nephews, with only supervised visitation by the mom and 50% legal custody. She was suicidal (had made 1 attempt while at home alone with my nephews), and had been diagnosed as bi-polar, but would not take medications for it.
When the court determined her visitation times, it was Wed, Fri nights for like 2 hours each night and every other Sat for like 4 hours. However, not long after the court order, my brother and her agreed, to bypass the Wed and Fri night visitation and settled for Every Other Sat and Sun for 5 hours each day. Since then, she has maybe actually came to the visitation 20% of that time (if that). She rarely talks to them on the phone, as she when she does need to tallk to my brother, she will call when she knows the boys are in school.
Approximately 3 years ago...my brother was contacted by CPS. They told him that they had an open case on his ex, because of an incident with her stepchildren. After he talked with his ex...apparently, they were charging her with child abuse, because she had been playing rough with her stepdaughter, and the stepdaugher ended up with a bruise. We are not sure exactly what the outcome ended up being with that though.
About 1 1/2 years ago, my brother started dating a girl, that his ex was friends with. His ex did not like it...and actually ended up phyiscally attatcking the girl. The girl pressed charges and his ex was sentenced to 5 days in jail, 24 hours of community service, and had to pay for all therapy for the girls 3 kids (she did it in front of the girls kids). She lost her job and apartment, and was working as the apartment complex manager when she did it...and was on the clock when it happened.
After she served her time, she and her current husband packed up and moved to northern Ca. She has been there for about the last 1 year and 5 months. During this time, she has been down to southern Ca a couple of times, but has never bothered to contact my nephews to see them...until this last Christmas, when she found out my brother was seeing someone new. During this time, the phone calls came exactly as before...only call when the boys were in school.
Well...this last week, my brother called her to ask if she would sign a paper stating that it was ok for him to take the boys out of the state for a visit. She said no, that she would not sign it. That in fact, she was going to be filing papers with the court, to get unsupervised visitations for my nephews. My brother asked why...and she said that she is tired of our family standing in the way of her having a relationship with her sons (yet...she is the one that never calls or comes to see them).
Sooo...for this part of the post...my question is...with her history of violence do you think a judge would allow her to have unsupervised visitations?
For the second part of my post. My brother is going to be moving. He has decided to move either to San Bernadino county or even maybe out of the state to Texas. Now...does he have to get her permission to move to either location (he currently lives in Orange County)?
Back in 1996, my brother was awarded full physical custody of my 2 nephews, with only supervised visitation by the mom and 50% legal custody. She was suicidal (had made 1 attempt while at home alone with my nephews), and had been diagnosed as bi-polar, but would not take medications for it.
When the court determined her visitation times, it was Wed, Fri nights for like 2 hours each night and every other Sat for like 4 hours. However, not long after the court order, my brother and her agreed, to bypass the Wed and Fri night visitation and settled for Every Other Sat and Sun for 5 hours each day. Since then, she has maybe actually came to the visitation 20% of that time (if that). She rarely talks to them on the phone, as she when she does need to tallk to my brother, she will call when she knows the boys are in school.
Approximately 3 years ago...my brother was contacted by CPS. They told him that they had an open case on his ex, because of an incident with her stepchildren. After he talked with his ex...apparently, they were charging her with child abuse, because she had been playing rough with her stepdaughter, and the stepdaugher ended up with a bruise. We are not sure exactly what the outcome ended up being with that though.
About 1 1/2 years ago, my brother started dating a girl, that his ex was friends with. His ex did not like it...and actually ended up phyiscally attatcking the girl. The girl pressed charges and his ex was sentenced to 5 days in jail, 24 hours of community service, and had to pay for all therapy for the girls 3 kids (she did it in front of the girls kids). She lost her job and apartment, and was working as the apartment complex manager when she did it...and was on the clock when it happened.
After she served her time, she and her current husband packed up and moved to northern Ca. She has been there for about the last 1 year and 5 months. During this time, she has been down to southern Ca a couple of times, but has never bothered to contact my nephews to see them...until this last Christmas, when she found out my brother was seeing someone new. During this time, the phone calls came exactly as before...only call when the boys were in school.
Well...this last week, my brother called her to ask if she would sign a paper stating that it was ok for him to take the boys out of the state for a visit. She said no, that she would not sign it. That in fact, she was going to be filing papers with the court, to get unsupervised visitations for my nephews. My brother asked why...and she said that she is tired of our family standing in the way of her having a relationship with her sons (yet...she is the one that never calls or comes to see them).
Sooo...for this part of the post...my question is...with her history of violence do you think a judge would allow her to have unsupervised visitations?
For the second part of my post. My brother is going to be moving. He has decided to move either to San Bernadino county or even maybe out of the state to Texas. Now...does he have to get her permission to move to either location (he currently lives in Orange County)?
