What are my chances of forcing my spouse into supervised visitation?

Question:Cordell & Cordell attorney Andrea Miller

My soon-to-be ex-wife is dating my older son’s 20-year-old best friend. This individual was abused as a child, did time in prison for armed robbery, and has done numerous adult videos.

I do not want him around my children. What are my chances of forcing my spouse into supervised visitation?

Answer:

Unfortunately, I am not licensed to practice law in the state of Arizona.  I am only licensed to practice law in North Carolina.  Therefore, my analysis of your question will focus on North Carolina law.

In North Carolina, the courts use the best interest of the children standard when determining custody of children.  Unfortunately, with the amount of information you have provided there is no way to really determine how the courts would view your ex-wife and the appearance of this 20-year-old.

The influence of this 20-year-old must be detrimental to the best interest of the children in order for the court to even take him into consideration when determining custody.  Sometimes supervised visitation is granted if there is a significant risk of harm to the children or if there is risk of a party fleeing with the children.  I just cannot determine whether this 20-year-old would be enough for the court to order supervised visitation.

Does the individual abuse the children? Does he do drugs in front of them? Do the children see your ex-wife engage in romantic relations with this individual? Are the porn videos around the children? Does he speak about his videos within earshot of the children?

All of these questions, if answered in the affirmative, would be relevant in determining the best interest of the children.  More information is needed to determine whether the court would entertain a request for supervised visitation.

Once, again I am only licensed to practice law in North Carolina.  Please be advised that me answering this question does not constitute an attorney-client relationship.  Thank you for your inquiry.

 

Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill.  While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.

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