How can visitation rights be changed after orders been entered? 8 Answers as of August 27, 2013

I am a non custodial father. I married currently with 2 boys in addition to my first born daughter out of wedlock. I live an hour away in a different county than her. I had a visitation order entered in 2009. It was for supervised visitation. When agreed upon, I did not realize that I had to pay per hour for the supervised visit. I could not afford it as I was already behind in support payments for being unemployed. Therefore, I did not go to visit my child through supervision. I felt helpless. It has been 4 years since then and I have seen my daughter 2 times at her mother's house. She expressed to me the need to stay in contact with our child this past visit in March. I was excited at the prospects of knowing my daughter. Then out of nowhere her mother changed her mind and has not let me see or talk to her. I want to know if I have a chance of amending the current order for visitation even though I never participated. I only agreed to supervised visitation because I was desperate to see my baby. I do not feel I should have to be supervised. I have 2 other children that live with me and I care for at home. My daughter does not even know her brothers. She doesn't even know they exist.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Diane l. Berger | Diane L. Berger
You should absolutely attempt to get the supervision portion of the parenting time order changed. I don't know what the basis was for the supervision in the first place but you would simply have to let the court system know that things have changed and are all good now.
Answer Applies to: Nebraska
Replied: 8/27/2013
Padove Law | Burton A. Padove
You have a complicated situation and it really cannot be addressed int his forum.
Answer Applies to: Indiana
Replied: 8/27/2013
John Russo | John Russo
Based on what you have alleged here and not knowing all the facts there are two (2) possible answers here, what should happen, and what will most likely happen. The family courts of this country have come a long way over the past 40 to 50 years relevant to father's rights, but let's face it there is still a bias. One of the main injustices bubbling just below the surface is that all father's are abusers, what I mean by that is men account for most of the domestic violence charges brought yearly throughout the country, so in a way all men are guilty by association, through gender. Add that to the age old idea that only the mother can truly nurture a young child, you have an uneven scale right out of the box. Just as all men are not abuser's, all women are not alarmist, but some are, and you see the system being played by this faction on a daly bases. I don't know the facts of your case so all I will say is that in my opinion supervised visits should only be required under limited circumstances, again, someone who has a domestic history, drug and alcohol issues, and in limited cases where the parent has not seen the child for a number of years. This is not an overstatement , on this site I would say that 95% of questions coming from mother's include allegations that the father, is abusive, does drugs and alcohol, is violent, etc. and that they should not be allowed to see their children, (I am sure that some of this is true, but again 95%? That is a factual number when related to these allegations) , Also, about 1/2 of those 95% want to know if they can terminate the other parents parental rights, and how. So, again based solely on what you have alleged here, after 4 years the court should take another look at your situation, from a fresh prospective, and if what you allege is factual you should be given liberal visitation rights, but what could likely happen is more of the same, especially if the other side makes allegations, that are coupled with the fact that you have not really seen this child. In your case your odds would go up greatly if you were able to retain a good family law attorney, and I do mean, GOOD, FAMILY LAW, ATTORNEY. Take each word separately, if you can afford to do so check around find out who are the better attorney's in that world, they won't be cheap, but good things seldom are. Good Luck
Answer Applies to: Rhode Island
Replied: 8/27/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
Based upon "changed circumstances" and passage of time, a Court should freely entertain a request for a modification of visitation. However, keep in mind no attorney can predict the outcome of a case and that each case is different and you may not have relayed all the pertinent facts in your post. Getting to know siblings is usually considered a significant change in circumstances. Just be honest with the Court and you may get the ruling you desire. Good luck in your pursuit of modified visits.
Answer Applies to: New Jersey
Replied: 8/27/2013
Kevin H Pate
Kevin H Pate | Kevin H Pate
You seek, on your own, or preferably through counsel, to modify the custody order. You'll have to show that the basis for the change is in the best interests of the child.
Answer Applies to: Oklahoma
Replied: 8/27/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The best thing to do at this point is to commence visitation by phone, letters and video call. Skype is a free video call service through the Internet. Unless there is a court order saying your ex cannot supervise a Skype call, this form of contact should commence immediately. As well as proceeding with the above, return to court to request unsupervised visitation or visitation with a family member or friend at no cost. Your daughter deserves to see you.
    Answer Applies to: California
    Replied: 8/27/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You need to discuss the details of your situation with an attorney and let them get the relevant facts and determine how you should proceed with a visitation modification action.
    Answer Applies to: Georgia
    Replied: 8/27/2013
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    You asked this question on Avvo.com also. You need to go in person for a consultation. Online forums cannot get you visitation but a lawyer can be retained to do so. You should get offline and get in with a family law attorney ASAP. The longer you wait the harder it will be.
    Answer Applies to: Illinois
    Replied: 8/27/2013
Click to View More Answers: