Modify Visitation


#1

For the past 6 years, I have only been allowed to see my son supervised at a Visitation Center and at the Plaintiff mother’s house. 2 or 3 years ago, I went to court to try to get my visitation changed to unsupervised. But it was unsuccessfull due to bad representation and lying from my son’s father.

The Permanent Custody Order states that I can request liberal visitation if I provide the courts with positive verification of my residence. My question is How do I prove that and what all do I need? I have been living at the same apartment for 2 years. I have not moved at all. The last job that I have had…I was with them for 1 year and 2 months. I am no longer employed with that company due to them laying me off at the beginning of this month (December). But I am in the process of finding another job at this time.

In Addition, the Denied Modification Visitation Order that was entered states the following, “That the minor child is not old enough to be able have unsupervised visits with the Defendant. (My son was 5 years old at the time). That the minor child may be old enough in two to three years, when he can call the Plaintiff and let him know where he is when he is visiting the Defendant.”

With that said, My son will be turning 8 years old in 2 months. Do you think that he will be old enough for me to have unsupervised visitation? Because that order was entered 2 years ago.


#2

I can’t answer the question about his age without reading the order and understanding the findings of fact that went into that determination. That said, you need to file a motion based on the residence issue to get back in court, and I would probably also file a motion to modify based on the change in age. I would need to have a full consultation to determine the complete best course of action because it sounds like there are a lot more facts than what is contained in your inquiry.


#3

This really didn’t answer my question. It just confuse me even more. But my question is how can I provide positive verification of my residency?

Also, why do I need to file 2 separate motions if both issues about his age and my residency can be address in one separate modify visitation motion hearing? Doesn’t make any sense.


#4

You are going to have to show your lease for the last 2 years and a current lease to verify your residency.

I would file both motions to cover all your bases.


#5

The apartments that I live in doesn’t give the option for tenants to renew their lease after a year. After the lease has expires, then it goes to month to month. With that said, when my lease had expired on January 30, 2012…I have been been going month to month ever since than. So what are my options now? What else can I do to provide positive verification of my residency? Because I am afraid if I moved to another apartment, I will have to prolong this even more to adleast 2-3 more years. But I don’t want to do that because I am ready to go back to court now.


#6

Usually the reason a judge asks for residency information is to show the judge that you have stable housing and that you have the means to continue living in stable housing. If this is the goal, you should show the judge your lease, perhaps your power bills showing continued service, and then perhaps your income information showing that you will can continue to live there as long as you are employed.

The judge may also find verbal testimony sufficient. It really depends on the entire situation.