If my son's father is on supervised visitation, and he isn't in the suggested program, how likely is it he will get overnights?

Q: We had worked out a shared custody situation for 2 years (no court or lawyers). Dad passed out on street while with 8 year old. I went to court for custody and to limit his visitation. I got temporary custody and agency supervised visits. Dad has not gone to suggested program but is paying for supervised visits. I don't think much has changed. How likely is it that he will get overnights reinstated?

A: David's Answer: If by "passed out on the street" you mean because of alcohol or drugs, and by "suggested program" you mean a drug or alcohol rehab program, then I see it as very unlikely he'll get unsupervised visits. Most likely, the Judge will say that if he hasn't remedied his problem, he can't get restoration of unsupervised visits. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)