Q: Can or do I get my daughter this summer?
I had a court order 4 years ago laying out phases I needed to go through. With 4 phases of restrict and supervised visitation. As well a random hair folicile test every 90 days. Petitioner can call me to take a random within 3 hours. Petitioner will pay for random unless I fail then I have to reimburse. If I fail I must start my phases all over again. The court order also says that phase 4 it is ordered that respondent will have this possession/visitation till the child is 3 years old. I have lived with my fiance for 2 years now. My question is my child is now 4 years old. We never followed the phases as we have joint custody and he allowed me to see her every other weekend supervised and unsupervised. Since she is 4 do I continue with the phases as he is telling me I need to do more testing if I want to have or see her unsupervised. I would also like her for the summer since I have a stable and permanent residence. He will not let me have her only when he feels like it.
A: It sounds like you may be able to have the order modified if neither party has followed the order thus far. In order to get a modification you will need to show a material and substantial change in circumstances. It would be wise to discuss your particular situation with a qualified family law attorney. It is likely that you will also need to show the court that you are drug free.
A: You will most likely need a lawyer to review the Court Order to tell you what you can or cannot do. I cannot answer your question without looking at its details.
A: The answer to your question will depend on the precise language of the Order. For a question like this, you should consult an attorney.
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