• Yes, there is a way to do it. Obviously the father is unfit, if he has done something bad enough to only be allowed supervised visitation. Your best bet is to contact an attorney or legal aid, to find out any particulars. She should draw up a will, or any other legal papers your state may require, that states that she wants you and your husband to have sole custody of your children. The attorney should be able to tell you if anything else is required. But, be prepared. If the situation should arise, the father can petition for custody. But if there is sound reason why he can not have them without supervision, then you should have no problem retaining custody. (As long as you don't live in West Virgina. They don't care what is best for the kids. This is fact.)
  • Of course - there would seem to be legitimate issues with the father's fitness to act as primary guardian since he's limited to supervised visitation. The important thing is to make sure she has a will done with things such as child custody preferences laid out in advance. That doesn't mean the father couldn't contest the directive, but it provides the court with a starting point and that plus the history makes it likely you'll get provisional custody while any appeals are underway. Then, if things haven't improved wrt the father's fitness, you're almost certain to be granted full custody. Family law is technical and varies from state to state - it's essential to get a professional to help drawing up the paperwork. It takes a little time and money, but is worth it for the peace of mind.

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