Modification of Custody/Visitation


#1

Here is my situation:

I got an absolute divorce from my husband in 2010. I was involved with DSS because of me slapping my son in the face and it busted his nose by accident. During the DSS case I was allowed supervised visitation. In court I agreed to let my husband have custody because I was having some mental and legal issues, as long as I had visitation. In the Judgement order it states that I am a fit person for visitation persuant to DSS recommendations. Well about a week after that order was entered, DSS closed our case. My husband has not allowed me to see my children in 4 years. My 17 yr old son has told me he didn’t want to see me, but my 9 year old daughter does. My husband sent me an email 4 years ago “laying down the law” as he put it with conditions like “18 months of continued treatment at my mental health doctor, no more legal issues, I couldn’t date the man I am married to now because he doesn’t want his children around my new husband”… My ex husband threaten further legal action if I contacted my children in any way. He made a yahoo email address and I was allowed to send him an email asking how the kids were… That was it. For the first 4 months I did that, and he responded. Then he quit. So, I called him personally and he will hang up. They only info about my children’s welfare and condition has came through the very few family members of his that talk to me.

I haven’t been able to financially afford legal service and I can now. I have on hundreds of attempts tried to contact him and my kids.

Now, here is part 1 of my 2 part question:

As far as DSS is concerned, the case is closed. But in my judgement it lays out the recommendations that my DSS caseworker laid out. She was in court.
Can I get the sheriff to enforce the visitation schedule that the judgment sets forth, and if my ex-husband refuses is it contempt?

And part two of my question is:
Do I need to get the order modified since the DSS case is closed, and how do I go about getting that done?


#2

If your court order allows for you to have visitation, and your ex husband is not complying with the order, you can file a motion to have in him held in contempt. This isn’t something the sheriff will enforce, it is something the court will enforce.

It sounds like you should seek a modification of your original order. You do that by filing a motion to modify child custody.