Modifying Visitation


#1

Childrens mother just out of rehab, has pending criminal theft charges, pending assault on boyfriend charge, and is on probation, Kids are 12&15 and do not want to spend overnights with her.
I have filed for modification, but mediation is not until February.
Ex wants to get kids this weekend, they dont want to go… what can I do ?


#2

In this situation it seems as though it may present a safety concern for the children to be alone in the mother’s presence, which would justify you not sending them to stay with her for the weekend.


#3

So if it is the children that refuse to go, I have not discouraged them , and I am not telling them they cant go then I am guessing her recourse would be a show cause motion?

I already filed a motion to modify visitation with a February mediation date.

IF, she filed a show cause, wouldn’t she be forcing the children to talk to the judge,since it is their refusal for cause, and not me saying they cannot go??


#4

The children’s preference on custody matters to some degree, if the judge feels that they can make a mature/informed decision. The older the children, the more weight a judge may give there testimony/preference. If she were to file a motion for show cause, you would defend by explaining that it would put the children in danger if they were forced to go, and you would also put on evidence that the children do not want to have custodial with their mother.