How quickly can I modify visitation? NEED ADVICE ASAP!


#1

my ex hasn’t seen our 3 yr old son for 6 months now. our visitation agreement states that he has EOW from fri 6p - sun 6 p. i left my ex when our son was 9 months old and i was in agreement with my ex seeing his son for the above mentioned time b/c my he had been there for the 9 months and i thought it would be best for our son to see his father as much as possible.

my ex hasn’t called him either over the past 6 months.

he txtd me advising that he is getting our son this weekend.

my concern is - my son hasn’t seen him for quite a while and i am worried for him emotionally - i don’t want my son to feel like he doens’t know who this person is (he usually spends fri starting at 6p through sun until 6p).

can i file papers monday for an emergency heraring or modification?

there has been a change at my ex’s residence since my son haslast visited - my ex and his fiance have a newborn child in the home who is now 4 months.

am i overreacting?

i have a feeling that he is only wanting to get him for “Father’s Day” and then afterwards he probably won’t get him until Thanksgiving and Christmas.

If I decide to not allow my ex to pick up our son - what exactly will happen to me IF my ex decides to file a contempt of order and what does being in contempt mean or do to me? I know it’s not right to do that, but i just want to protect my son.


#2

You cannot file an emergency action for modification, and based on the circumstances you list, I am not sure a judge will modify custody in any event. While your ex has not seen your son in six months, and his living conditions have changed, I am not sure that would be considered a substantial change in circumstances, and unless your ex is unfit, the visitation he has is the minimum he would be awarded in court.
If your agreement is in a court order, you will be in contempt of court if you do not allow your ex to take your son. Your ex would have to file a motion with the court before you could be held in contempt, however if he were to take a copy of the order to law enforcement, they will assist him in gaining access to the child.
If your agreement is outlined in a separation agreement, your ex would have to file an action for breach of contract, which would take some time to proceed through the system.
In any event unless you feel that your son is in danger, you should not attempt to withhold him.


#3

Just a little advice here.

Why don’t you let the ex come over and spend a little time infront of you to see how your son acts. Give them alittle alone time as well. Usually children don’t forget their other parent unless they haven’t seen them in years.

Also, I see that you are alittle hateful that he has a new child. Don’t be, it doesn’t show a good light on your part. Be the better person. Do what is best for your child.

Good luck, and it will all come together. Keep faith.


#4

no i am not hateful at all regarding the new situation at my ex’s - it’s just theother day i saw how my son reacted to me holding another boy who was about 1yrs old and it wasn’t a godo scene! i have also witnessed my son’s reaction when i was visiting my friend in the hospital who had a newborn girl and when i was holding her he came up and bopped her on the head! that’s all - he is almost 3 and alot is changing right now for him