QUESTION
How do I get visitation reduced and modified?
Asked on Jan 13th, 2012 on Child Custody - Maryland
More details to this question:
My ex husband has no permanent residence or job. When he has my kids, he had them stay wherever he is staying, no matter how crowded or unsavory the living conditions are. He is also behind on child support.
15 ANSWERS
To reduce or modify a parent's visitation, you will need to file a petition to modify with the court. You will need to prove that there is a substantial and material change in circumstance that justifies the modification of the custody order. If it is in the best interests of the child(ren) to modify the order, the Court should modify the order in such a way as to protect the best interests of the children.
Answered on Feb 08th, 2012 at 12:15 PM
You can apply to the court for a change in visitation due to your ex husband's living situation. You should consult a family law attorney or facilitator on how best to present the current situation to the court.
Answered on Jan 30th, 2012 at 4:44 PM
Roianne Houlton Conner
You would have to file a modification of visitation as well as a contempt petition for the back child support with the Court.
Answered on Jan 30th, 2012 at 2:32 PM
You will have to hire an attorney to file a modification based on a material change.
Answered on Jan 28th, 2012 at 10:33 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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In Washington state, in order to modify the residential schedule (i.e., "visitation") you must file a Petition for Modification of Parenting Plan.
Answered on Jan 27th, 2012 at 9:13 PM
Steven D. Dunnings
File a motion for supervised parenting time.
Answered on Jan 27th, 2012 at 4:12 PM
You need to file a motion with the court to get orders concerning custody and parenting. Most courts have a family law facilitator who can help you for free.
Answered on Jan 27th, 2012 at 3:34 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You must file a written motion with the court asking for a modification. You will need to state your reasons for the change and provide the court with a specific new parenting time plan that you want adopted. Depending on what your ex-husband does to respond, the court may or may not require you to schedule a hearing where the judge will hear both sides of the argument and make a decision in the best interest of the children.
Answered on Jan 27th, 2012 at 3:34 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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File an Order to Show cause for a modification of custody/visitation. If husband has no permanent, safe residence for the children, then the court will likely not want him to have overnight care of the children. Your local family law facilitator (located at the courthouse) can help you with the necessary paperwork.
Answered on Jan 27th, 2012 at 3:13 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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You have to file and successfully argue a Motion for modification of custody.
Answered on Jan 27th, 2012 at 2:40 PM
You need to petition the court for a modification. Depending on the circumstances you may have a stonger case to get his visits reduced until he has a stable environment. However, it is also possible that a judge declines your request.
Answered on Jan 27th, 2012 at 2:39 PM
Dave Hawkins
Child support has nothing to do with visitation apples and oranges. If you want to modify the PP, you need to file a Petition to modify based upon changed circumstances that were not contemplated prior to the entry of the last order.
Answered on Jan 27th, 2012 at 2:38 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can file a petiton to modify the parenting plan and either a motion to enforce child support and/or for contempt.
Answered on Jan 27th, 2012 at 2:38 PM
Personal Injury Attorney serving Gainesville, FL
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Lawrence J. Marraffino, PA
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You need to request a modification by filing a petition for modification. You have to show a significant change in circumstances. You would need the help of a lawyer to do this, in my opinion.
Answered on Jan 27th, 2012 at 2:36 PM
Juvenile Criminal Law Attorney serving Towson, MD
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Law Office of Michael G. DeHaven, P.A.
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You need to file a Motion for Modification of the Judgment of Divorce, stating the reasons that you believe that there has been a material change in circumstances requiring a modification. Sounds like you do, but you should speak with an attorney who practices family law in the county where the Judgment of Divorce is enrolled to discuss the specific steps you should take. Also, child support is a separate issue and would require a petition for contempt. You should speak to an attorney about that issue as well.
Answered on Jan 27th, 2012 at 2:30 PM