I want to modify visitation agreement.My children do not want to visit with their Dad,he is always lecturing them on government conspiracy and John Lennon.He tells them not to trust anyone and there are cults brainwashing people.He makes CDs and tapes about this and puts them in Demos at the store (he takes the kids with him)He is very paranoid and it is effecting the kids.My 16 year old refuses to have anything to do with him.My 14 year old sees him every other weekend,she is very depreesed about this and I have had several conferences at the school.My 8 year old hangs onto every word as gospel,she talks about stuff like spy planes and John Lennon all the time.
Do I have to wait for the court or can they not see him while this is in process.I do not want them expossed to this any longer.
2 Answers from Attorneys
Re: Modify visitation
In order to get a modification of the current visitation order, you must petition the court for a change. A hearing will be held on the issue, where you both will get an opportunity to present your sides. Then the judge will decide how things are going to go.
But you must go to court to get the changes made, instead of resorting to "self-help," which the courts are not fond of.
Re: Modify visitation
It is possible to petition the Court for a temporary suspension of visitation pending an actual hearing on supervised visitation if you can carry the burden of showing that visitation is harmful to your children mentally, emotionally, or physically. A psychological or counseling affidavit would be useful as an attachment.
Typically the Court will set a brief emergency hearing on whether to sustain the temporary order until further evaluation and hearing which gives him a brief chance to respond to the allegations. Courts tend to err on the side of caution with children however they take parent rights very seriously as well.
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