Do I have enough proof to get visitation modified


#1

My ex and I have joint custody with myself having primary. We have already been through custody court twice and he lost both times. I have to be honest here so I can get the right answer because this is very important to me. My ex took me to court to begin with because I was making the wrong choices with the people I was hanging around with and got into some trouble. I went to jail twice for 30 days in a 6 month period. That was 2 and a half yrs ago. I cleaned up my act and thank god was allowed to keep custody of my little boy. Now my ex is remarried and although it clearly states in our custody papers neither of us are allowed to drink while our son is in our custody my ex has began drinking again every weekend my son is there. On Easter day my ex and his wife got so drunk that she slapped him in the face in front of my son and her children too. My ex’s best friend was also there and he too was fighting which he by the way just recently got 2 DWI’s in a 2 month period. My son witnessed all this and came home scared to death. My question is do I have enough evidence to take my ex back into court to get visitation modified and to get him on 2 contempts of court. My son is suppossed to go to his dads for 7 weeks in the summer leaving June 13th and Iam petrified bc of my ex’s heavy drinking something will happen. I have notified our mediator about what happened and she said she would call my ex and his wife into her office immmediately…Please somebody help me. I also called my lawyer and have yet to hear back from her so iam thinking she doesnt want to take the case.


#2

You can certainly take him to court on the contempt issue, I recommend you take this route first, and subsequently file a motion to modify. It seems as though your ex has developed a real problem with respect to drinking, and this is certainly grounds to move to modify.


#3

Ok so you are saying to definately file a motion for contempt with my ex husband…can I do that on my own? If so how and how much does it costs? Will there be a court hearing in front of a judge? reason being I have called my lawyer 4 times since this incident happened and have yet to hear back from her. Do you think maybe she doesnt think this is severe enough to go back into court? because I do and Iam thinking maybe I should talk to another lawyer what do you think? In your legal opinon do you think I would have a chance getting visitation modified bc of my ex’s heavy drinking? Also he called last nite and I recorded the conversasion him talking to my son. After my son went to bed(bc he has no idea I record him and his father)I listened to it and my ex is so drunk he is slurring his words. Iam so worried about my son going to his dads for 7 weeks in the summer I literally have had no sleep in almost 4 days!!! He is my only child and we are extremely close. I want to just keep him home but that would be going against a court order and then my ex could hold me in contempt as well…Uuggghhh this is so frustrating. Are you allowed to recommend a good custody lawyer? Sorry so many questions just dont know where to turn.


#4

You may file a motion for contemp on your own, and there is no cost to do so. When you file a motion to show cause the clerk will issue an order for your ex to appear at the hearing to “show good cause” for his violation of the Order.

Your lawyer should return your phone call regardless of what she thinks of your intnetion to file a motion, I would suggest you do contact another lawyer.

I do believe heavy drinking is grounds for a modification as your child is being placed in danger on the visits.

Please contact our office for a referral to an attorney in your area.


#5

Thank you so very very much for this information. I will definately be in touch. Your an angel !!!


#6

It is my pleasure to help. I wish you the very best.