What form/process do I need to file a Motion to Modify my visitation order in Texas?

[territ88]

My exhusband and I finalized our visitation order in family court about 6 months ago. It states that at 18 months of age, our son will begin overnight visits with dad (who is the non-custodial parent). I agreed to this, reluctantly, at the time because he had his own home at this time. Circumstances have dramatically changed since then. My exhusband was evicted from his house, and he remains unemployed. He is living with family, and sometimes staying at friends houses, but his mom is immunosuppressed and our son cannot really be there if he is ill.

I have asked dad a couple of times to come get our son when he was too ill for daycare, but he said he could only do it if I had no other options, because he couldn't bring him home around his mom, so they would have to stay out at parks and coffee shops all day. I found other family to help in these cases.

I do not think that my exhusband has the full resources to care for an infant overnight if he isn't guaranteed a house to return to. He won't tell me where else he sleeps, so I wouldn't know where my son would be.

I want to file a Motion to Modify our visitation order to prevent overnights until my exhusband is more stable (ie: has income, and a reliable home). I am NOT blocking access to our son. I invite the father over to my home at least 2-3 times a week to visit with our son.

I do not have money to hire a lawyer, so I just need to know what form to file to make the court reopen our visitation order case. I think if the court hears these new circumstances, they would be willing to modify the order in the interest of my child. As an added bonus, my exhusband has exhausted his claims for unemployment and has been jobless for over 2 years. He is not paying any child support. I want the courts to hear this, too. He simply lacks resources for overnights.

I am specifically asking where do I download or pick up the "Motion to Modify" forms to start this court process. I know I need to file this, but cannot find it online.

 

[Antigone*]

My exhusband and I finalized our visitation order in family court about 6 months ago. It states that at 18 months of age, our son will begin overnight visits with dad (who is the non-custodial parent). I agreed to this, reluctantly, at the time because he had his own home at this time. Circumstances have dramatically changed since then. My exhusband was evicted from his house, and he remains unemployed. He is living with family, and sometimes staying at friends houses, but his mom is immunosuppressed and our son cannot really be there if he is ill.

I have asked dad a couple of times to come get our son when he was too ill for daycare, but he said he could only do it if I had no other options, because he couldn't bring him home around his mom, so they would have to stay out at parks and coffee shops all day. I found other family to help in these cases.

I do not think that my exhusband has the full resources to care for an infant overnight if he isn't guaranteed a house to return to. He won't tell me where else he sleeps, so I wouldn't know where my son would be.

I want to file a Motion to Modify our visitation order to prevent overnights until my exhusband is more stable (ie: has income, and a reliable home). I am NOT blocking access to our son. I invite the father over to my home at least 2-3 times a week to visit with our son.

I do not have money to hire a lawyer, so I just need to know what form to file to make the court reopen our visitation order case. I think if the court hears these new circumstances, they would be willing to modify the order in the interest of my child. As an added bonus, my exhusband has exhausted his claims for unemployment and has been jobless for over 2 years. He is not paying any child support. I want the courts to hear this, too. He simply lacks resources for overnights.

I am specifically asking where do I download or pick up the "Motion to Modify" forms to start this court process. I know I need to file this, but cannot find it online.

If your ex-husband decides to stay in a hotel with your son, it is none of your business. You don't have to know where your son is 24/7.

Now if your ex is order to pay support and he is not, you can certainly file a motion for contempt of the support order; but child support is not an admission to see the child.

 

[territ88]

He doesn't have any source of income, so he wouldn't even be able to get a cheap roach motel. He truly has nothing, and is just squatting with family right now.

I feel this is grounds to restrict overnights because he can't possibly meet our sons needs with his current lack of resources. I want my sons father in his life. I just want all of my sons needs met when he is in the exes care, and don't feel like he can truly do that right now. My ex is just a thread away from being fully homeless. Surely the courts wouldn't want an infant in overnight care of a homeless man?

Let the courts deny me if they want. I am just asking where I can find the forms to TRY to modify my visitation order.

Thanks!

 

[Just Blue]

He doesn't have any source of income, so he wouldn't even be able to get a cheap roach motel. He truly has nothing, and is just squatting with family right now.

I feel this is grounds to restrict overnights because he can't possibly meet our sons needs with his current lack of resources. I want my sons father in his life. I just want all of my sons needs met when he is in the exes care, and don't feel like he can truly do that right now. My ex is just a thread away from being fully homeless. Surely the courts wouldn't want an infant in overnight care of a homeless man?

Let the courts deny me if they want. I am just asking where I can find the forms to TRY to modify my visitation order.

Thanks!

Try the county court website where your order was issued from. It is unlikely that you will prevail.