My ex made a choice to move 5 hours away from my son, I have sole legal and physical custody my ex has monthly visitation and MAY have 1 week during the summer, 1 week after Christmas but before school starts backand part of spring break. The agreement was to stick with signed agreement and he would drive back monthly to his parents, 1.5 hours from me, for his supervised visit (he gets supervised when we cant agree on visitation,however this is what we agreed on). We did this for almost 1.5 years, until 1.5 years ago. He then started to ask for visits to be at his house. I allowed 2 that year. This year he only took 2 weekend visits and now has him at his house for Christmas break. He has moved again though, moved 8 months ago. Now he is 250 miles away. He is now demanding all visits be at his house, no more visits at agreed on location when he moved away. He says it is because he has a family now to consider for that long of a drive in one weekend. He is also threatening to take me to court to force me to send my son to his house monthly 250 miles, 1 way, for visits. His wife has lost her girls to neglect and abuse 1 year ago and didn’t raise her 2 teen boys. Could he actually lose what visitation he has and only get visits at Christmas, spring break and summer because he made the choice to move? Could I win at keeping visits supervised because of his wife?
It’s possible that the visitation schedule could be changed so that the father receives less visitation if a judge were to determine that less visitation is in your son’s best interest. However, visitation time is not changed solely because a parent relocates.
You may be able to make an argument to keep the father’s visits supervised if you can show to a judge that the father himself is incapable of adequately and properly caring for and/or protecting your son. If you are concerned about his wife, the better course of action may be to ask that the father not leave your son in the unsupervised care of his wife.