modifying visitation

[justagirl]

My fiance and his ex-wife's divorce agreement states joint legal custody of their 6 yr old daughter, physical custody with mother, visitation for my fiance to take place for 5 hours every sunday in the presence of the mother. This was at the mother's insistence due to the fact that she does not want her child's father "taking away her daughter" to his own house. She had an attorney and he did not. There were no violence issues or unfit reasons or anything of that nature. Every Sunday my fiance asks to see his daughter and the mother always has an excuse and basically says no or flat out doesn't answer her phone or reply to his texts. She also threatened him that if he takes her to court, she will get more money from him and he will never get his daughter. He is taking her to court for contempt and modification. How likely is it the judge will grant a visitation schedule where he can pick up his daughter and have her for a whole day or a whole weekend and drop the requirement of having the mother present? (He also pays child support and pays for his daughter's health insurance.)

 

[Duranie]

His chances are probably really good. He really should see an attorney. No way should he have only gotten supervised visits in the first place. He should file for contempt and for unsupervised visits.

 

[jharris352]

I agree with Duraine if everything you say is the whole story. I can't believe he got what he got unless he just blindly signed a parenting agreement that he didn't read or didn't understand.

 

[dianeHalcomb]

i believe the correct thing to do, would be to file a "motion for modifying visitation rights" then, in first paragraph: (type) For the reasons that follow, ......(after this state your thoughts, facts, reasons)... (sign) the document, at bottom: Respectfully yours, (Your name included)