Modification of custody

Generally speaking, if parties agree and there is no harm to the children, the Courts will allow the visitation. The courts may want a full investigation into your situation by a guardian ad litem before a change in custody.

It depends on what the original order says. Are you specifically prevented from having overnights or visitation or only prevented from having custody? I would talk to your children's Guardian Ad Litem. If your father, child services, and the GAL all investigate the environment in which your children would be spending the night, and approve, it seems you have a good chance at getting overnights with your children. If you have had very little contact with your children for a year, you may want to start off slow and then lead up to overnights, just to make sure they are comfortable in the surroundings that may, one day, be their permanent home. Keep following court orders and doing everything right. The courts love to see improvement and love to be able to reunite families, when the courts can. Good luck with your case.

Often, if parties agree and it is in the best interest of the children, the Court will allow visitation if requested while the case is pending. Be sure to have proof of your new circumstances regarding clean drug screens, employment, parenting classes completed, housing, etc. Best of luck!