Q: Can dad get more visitation rights without proving sobriety and compliance?
I'm concerned about my ex-husband seeking more than supervised visits with our son. He hasn't been consistently involved in our son's life for more than a few months over the past 10 years and has never parented him or had overnight visits per court order. After a CPS case closed a year ago, I was granted full custody due to his relapse and non-compliance with the treatment plan. My ex wants unsupervised visits, threatening court action if I don't agree, although he frequently misses supervised visits with our daughter, citing work issues. His past domestic violence and inconsistency make me feel CASA should remain involved for our children's best interest. Our son doesn't want to see him and feels afraid due to past letdowns. Can my ex gain more visitation rights without demonstrating sobriety, consistency, or willingness to follow court terms?
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A:
Your ex cannot simply demand more visitation rights without showing the court that circumstances have changed and that it’s in your child’s best interest. Judges take past behavior very seriously—especially when it involves missed visits, relapse, domestic violence, and failure to comply with previous court orders. The court will likely expect him to provide solid evidence of sobriety, stability, and consistent effort before considering any change to the current arrangement.
If he does file a motion for unsupervised visits, the burden is on him to prove why that would benefit your son. Your child’s fear and reluctance to visit, especially given the history, is something the court will take into account. The judge might order a hearing and could request input from CASA, a therapist, or a guardian ad litem if there are serious concerns. If he’s missing even supervised visits, that weakens his case and shows a lack of commitment.
You’ve done the right thing by staying aware and documenting what’s happening. Keep records of missed visits, messages, and any other interactions that show a lack of consistency. If CASA is already involved or was part of the CPS case, you can request their continued presence to help protect your child's interests. The court’s priority is safety and stability—not giving rights to someone who hasn’t earned the trust back yet.
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