What are the Chances a Judge Will Alter Visitation Rights if Circumstances Haven’t Changed?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

‘I live in NJ and my ex has had supervised visitation with no overnights with our child for the last four years. He is planning on taking me to court to request “vacation time” with our daughter for a week. He has already planned the vacation, and told our child about it. If the circumstances that prompted the judge to initially order supervised visitation have still not been altered, is there any chance he will be granted supervised vacation time? Thanks for your help.’

Question: There is really not enough information here to usefully answer your question. It is unusual that there would be supervised visitation for such a long period as four years, generally speaking – usually a situation requiring supervision would not be allowed to go on for such a lengthy period of time, suggesting that the order for supervision hasn’t been changed owing more to inertia than any ongoing danger to the child’s health or well-being. That said, it is possible, and if those supervised visits have been going well for the past for years, then it seems possible that the Court would also allow a supervised vacation.