Can I get chid custody visitation revoked? 13 Answers as of May 25, 2011

My ex says he can’t see the kids because he lives with his parents and that they wont allow the kids to come over. I've offered to let him come by and visit with his kids and said I would leave. He told me before he can see his kids he has to have his own place. He's been out of prison since June 28, 2010. Still no job and a car is ma n dad paid for with no plates. Every time he comes back it completely throws them off and causes regression. My two oldest have autistic disorder. What can I do?

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Keri Burnstein, P.C.
Keri Burnstein, P.C. | Keri Burnstein
You may possibly be able to change the custody or parenting time. You would need to file either a change of custody or change of parenting time with the Court/Friend of the Court. I would recommend you speak to a local family law attorney to discuss this matter in greater detail. The key is you need to protect your child and do what is in their "best interests". Good luck.
Answer Applies to: Michigan
Replied: 5/25/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law, you can file a petition to modify the parenting parenting plan on the basis that visitation is harmful to the children. Generally, however, the court will want the children to have some relationship with the father, but may look at whether that contact needs to be further restricted.
Answer Applies to: Washington
Replied: 5/25/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
The best course of action would be to move to modify the current orders.
Answer Applies to: Connecticut
Replied: 5/24/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should file an Order to Show Cause to modify Child Custody, based on your circumstances. You would best retain an experienced Family Law Attorney to represent you.
Answer Applies to: California
Replied: 5/24/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
File a motion in court to change the visitation.
Answer Applies to: California
Replied: 5/24/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    A court may consider your facts to be in the best interest of the children, but I cannot substitute a hip shot from my desk for a judge's ruling following a hearing. Stay well.
    Answer Applies to: Alabama
    Replied: 5/24/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    This is a hard question because you want to have him see them, but when he does, he throws them off. I suggest you speak to a matrimonial attorney and discuss it in depth with them so you can get a better idea of what you want done and see if it can be done considering all the facts of the case. Good luck.
    Answer Applies to: New York
    Replied: 5/24/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Based on the information given, it sounds like he really doesn't want to see the children either, so don't push him into visiting. If there is a court order, each of you are to obey it, but if not, and he is looking for an excuse not to see his kids, leave it in his ball park to call and arrange parenting time. It is very unusual for any court to deny a parent parenting time. Autism is a very difficult condition for parenting. The challenges are immense as you well know, but if Father is not in their lives consistently and regularly, than his appearance every once in a while is tremendously upsetting to children with autism. There is no easy answer here. Call to discuss further.
    Answer Applies to: Oregon
    Replied: 5/24/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You cannot "revoke" custody orders, but you can get them modified. If you are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You really need to have a lawyer help you. Your situation is asking for a court to make dramatic changes and it needs to be approached to the court with care. You might have to have evaluations done and they cost money as well so you should be prepared for an expensive trip. Unfortunately, the courts won't just take your words on things; it wants to have the experts tell them the right thing to do.
    Answer Applies to: Connecticut
    Replied: 5/24/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It is unlikely you can get the court to totally deny any parenting time (formerly called visitation in CO) simply because the father is inconsistent in exercising his right unless it clear that spending time with the father is not in the children's best interest. The Court can, if necessary, establish appropriate rules and conditions before the father will be allowed to visit or see the kids. With special needs kids, you need to get specific advice and support from the medical professionals that are familiar with the children and that information will be highly important to the court.
    Answer Applies to: Colorado
    Replied: 5/24/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are divorce attorneys in Augusta, Georgia. While it would be difficult to force your ex to exercise his visitation rights, you might want to discuss with your divorce lawyer whether or not an action for modification of visitation terms would help you in your situation. Good luck!
    Answer Applies to: Georgia
    Replied: 5/24/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    If your matter is taking place in Washington, then you do have options regarding visitation. If you reside in Western Washington, feel free to contact my office to set up a free, initial consultation-by phone or in person to discuss your situation.
    Answer Applies to: Washington
    Replied: 5/24/2011
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