Modifying visitation


#1

Can you please tell me what form I would need to have visitation modified?

Thank you!


#2

It is not a form per se. You will have to initiate an action to modify custody by filing a motion which alleges that there has been a substantial change in circumstances which affects the best interests of the children since the entry of the last order.


#3

Can i do that by just going to the courthouse or do i have to go to the family court section?


#4

The filing is made in the civil district division of the clerk’s office.


#5

What can happen if there is an order of visitation scheduling in place, and one parent alters it without going to court for the best interest of the child. Also what constitutes a substantial change in circumstances? How old does a child have to be in order to voice their opinion on where they’d rather spend the majority of their time?


#6

If an order is in place and is not being followed the other side can file a motion to hold the offending party in contempt of court and have the Order enforced.

A substantial change is just that, something significantly different in the child’s life which affects their best interests.

Judge’s may hear from children regarding their wishes, but do not have to give any weight to the child’s wishes at all, or may give great weight to a child’s wishes. It really depends on the maturity of the particular child involved.


#7

Can a phycologist (school or private) weigh into the decision of what is best for the child if on a substantial change issue. No the person is not all of a sudden an axe murderer, drug dealer, child molester or beater. Just bad decisions when it comes to the best interest of the child, now and the the long run.