How do I get visitation reduced and modified? 35 Answers as of February 08, 2012

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.

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Snake River Law PLLC | Mark Petersen
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.
Answer Applies to: Idaho
Replied: 2/8/2012
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
You did not state how many children and their ages. Being behind on his support does not have any thing to do with seeing his children. Seems like your Ex is having a hard time not working and that is why he is behind with support. Do the children complain about him? He is the father and the children might enjoy their relationship with Dad. If he has no place to visit the children, maybe he can visit at your house. That way they won't be staying just anywhere that is crowded or unsavory. Do you think that this is a temporary living situation for him and will change when he gets a job.
Answer Applies to: California
Replied: 2/1/2012
Law Offices of Frances Headley | Frances Headley
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.
Answer Applies to: California
Replied: 1/30/2012
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
A Motion can be made to modify visitation if you think there is a danger to the child.
Answer Applies to: Georgia
Replied: 1/30/2012
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | 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.
Answer Applies to: Alabama
Replied: 1/30/2012
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
To have custody/visitation changed, you would need to file an action requesting modification. You would have to show that there has been a change in circumstances since the last order making the change necessary, and that the change you are requesting is in the child's best interest. (The fact that your ex-husband has no permanent residence could arguably serve as evidence of both.) Child support has absolutely no bearing on custody. The fact that he is behind in child support is NOT a reason to modify custody. However, that he is homeless suggests that he is suffering from financial difficulty, which may be a reason for him to have his support obligation modified.
Answer Applies to: Georgia
Replied: 1/30/2012
THE DOUGLAS LAW FIRM, LLC
THE DOUGLAS LAW FIRM, LLC | HEATHER DOUGLAS
You would neeed to file a Petition to Modify Child Support/Visitation. If the prior child support was court ordered, you can also file a Motion for Contempt. However, it is strongly advised you consult an attorney to draft the proper motions and ensure the appropriate language is used in each. Also, an attorney will know how to best argue the motions in court.
Answer Applies to: Alabama
Replied: 1/30/2012
The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
File rule nisi motion to modify, and be prepared to prove it is in the best interest of the child. Just saying so is not proof.
Answer Applies to: Alabama
Replied: 1/30/2012
Swann-Zwiebel Law Firm, LLC
Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
You will have to hire an attorney to file a modification based on a material change.
Answer Applies to: Alabama
Replied: 1/28/2012
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You can file a custody modification motion at your local county family court. As for what info to include in your supporting declaration, best to hire a local family law lawyer to help you. Also, being behind in child support payments is irrelevant to custody considerations.
Answer Applies to: California
Replied: 1/28/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    In Washington state, in order to modify the residential schedule (i.e., "visitation") you must file a Petition for Modification of Parenting Plan.
    Answer Applies to: Washington
    Replied: 1/27/2012
    The Law Office of Nathaniel M. Smith, LLC
    The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith
    See a good lawyer as soon as you can about petitioning for a modification of visitation, contempt for failure to pay child support, etc.
    Answer Applies to: Georgia
    Replied: 1/27/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    File a motion for supervised parenting time.
    Answer Applies to: Michigan
    Replied: 1/27/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    I don't know if the information you provide is enough to reduce visitation. I would say you might have nothing to lose in filing a motion. It appears that the situation might not be the best for the child. But I don't know if it is enough.
    Answer Applies to: California
    Replied: 1/27/2012
    Law Office of Joan M. Canavan | Joan Canavan
    To get your visitation reduced and modified, you have to file a Complaint for Modification requesting a change in visitation for the reasons you have described. You will have to demonstrate that his lack of a permanent residence is a material change in circumstances that warrant a change to the existing visitation order. The Court will schedule a hearing date for you on the Complaint for Modification. If your ex-husband is behind in child support, you may file a Complaint for Contempt alleging that he is behind in child support. See if you can have a constable serve the Complaint for Contempt and Complaint for Modification at the same time so that you will only have to pay one fee. Also ask the Court to schedule both actions for the same time so that you will only need to go to court once.
    Answer Applies to: Massachusetts
    Replied: 1/27/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    I will address the last issue you addressed first. There is no connection between visitation rights and the payment of child support. The law makes that clear. As to the other bases, if these are changes in circumstance since your last order, you may file a modification suit in the court that issued your last order. If no one lives there anymore, the most prudent course is to file there and then transfer to where you live with the child. It is important to note that you have to live in Texas 6 months and in the County 90 days preceding filing for jurisdiction and venue to be appropriate in a Texas court. The modification case is similar to the divorce case. It commences with a Petition and service on your ex-husband by someone authorized to serve process. It is every bit the court case that a contested court case is, and hiring a local lawyer is advisable.
    Answer Applies to: Texas
    Replied: 1/27/2012
    Anderson & Boback | Janice L Boback
    You have to file a motion before the court to get visitation reduced or modified; Being behind in child support will not support a visitation motion but will support a petition asking him to be held in contempt.
    Answer Applies to: Illinois
    Replied: 1/27/2012
    Peyton and Associates | Barbara Peyton
    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.
    Answer Applies to: California
    Replied: 1/27/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 1/27/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    File a modification petition and prove that his visitation schedule should be reduced until he gets his life stabilized.
    Answer Applies to: Iowa
    Replied: 1/27/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Any change to custody orders requires someone file a Motion to Modify.
    Answer Applies to: Texas
    Replied: 1/27/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    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.
    Answer Applies to: California
    Replied: 1/27/2012
    Roscich & Roscich
    Roscich & Roscich | John Roscich
    You need to retain an attorney and file a petition to modify or restrict visitation. You might have to go to mediation first. It will be necessary to convince the court that it is not in the children's best interest to be with their father under that the present conditions.
    Answer Applies to: Illinois
    Replied: 1/27/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    You need to file an action to modify custody and visitation. This can be done in the superior court for the county he lives in.
    Answer Applies to: Georgia
    Replied: 1/27/2012
    Law Offices of Lawrence J. Marraffino, P.A.
    Law Offices of Lawrence J. Marraffino, P.A. | Lawrence J. Marraffino
    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.
    Answer Applies to: Florida
    Replied: 1/27/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You must: (1) Acquire a Motion hearing date from the Court Clerk; (2) draft a Notice of Motion and Motion seeking the relief requested with any supporting affidavits with attached exhibits; (3) Serve the drafted documents on the opposing party as required by the rules of procedure; (4) File the original documents with the court along with the appropriate filing fee and an affidavit indicating the other party was served; (5) appear at the hearing and argue the case.
    Answer Applies to: Minnesota
    Replied: 1/27/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can file a petiton to modify the parenting plan and either a motion to enforce child support and/or for contempt.
    Answer Applies to: Washington
    Replied: 1/27/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | 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.
    Answer Applies to: Washington
    Replied: 1/27/2012
    Nelson & Broadbent
    Nelson & Broadbent | Kelly Broadbent
    You should file a complaint for modification for the visitation, citing the change of circumstances that he has no permanent residence. With regard to the child support, you can file a complaint for contempt that he is behind on child support. Also, you can go through the Department of Revenue, who will keep track of the child support and go after if for you if your ex is behind on payments.
    Answer Applies to: Massachusetts
    Replied: 1/27/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You should file your motion to amend the parenting plan in a way that requires proper housing for overnight visits. You may be justified in requesting an increase in child support if fathers time share decreases. Add to your motion establishing the arrearage in support and a payment plan for the delinquent amount.
    Answer Applies to: California
    Replied: 1/27/2012
    Anthony Saunders Esq., PLLC | Anthony M. Saunders
    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.
    Answer Applies to: Utah
    Replied: 1/27/2012
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    You have to file and successfully argue a Motion for modification of custody.
    Answer Applies to: Nevada
    Replied: 1/27/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    You file a Petition to Modify with the Court and explain the circumstances. You should also file a proposed Parenting Plan with your Petition.
    Answer Applies to: Missouri
    Replied: 1/27/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    File an Order to Show Cause to modify visitation based on the facts, perhaps to prevent your ex-husband from having overnight visitation; you could alsorequest in your OSC that your husband's visitation be supervised by you or a professional monitor.
    Answer Applies to: California
    Replied: 1/27/2012
    Smith, Gildea & Schmidt | Michael Gene DeHaven
    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.
    Answer Applies to: Maryland
    Replied: 1/27/2012
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