Visitation Modification

[TeresaT100]

From California:

Ex has children M-TH 2:30 - 7:30 p.m. Visitation order in affect for 3 1/2 months. Childrens homework is not getting complete or monitored grades are slipping to "D's" Ex works graveyard and has missed visitation due to sleeping, and I had to initiate a "Welfare" check by police because he did not answer phones. He has frustrated "Right of First Refusal", and has four times refused to go to mediation after I requested it. Children have requested homework time with me but ex threatens children that if they complain about homework or visitation any more he will ask the courts to give him even more time so they better be quiet. He states to me "Take it to the Judge!" Is this considered "Substantial Change of circumstance" I just lost my attorney because he refused to go back to court, stating "It's too soon" Kids are ultimately suffering Educationally and Emotionally. When does it become enough?

 

[LegalBeagle]

From California:

Ex has children M-TH 2:30 - 7:30 p.m. Visitation order in affect for 3 1/2 months. Childrens homework is not getting complete or monitored grades are slipping to "D's" Ex works graveyard and has missed visitation due to sleeping, and I had to initiate a "Welfare" check by police because he did not answer phones. He has frustrated "Right of First Refusal", and has four times refused to go to mediation after I requested it. Children have requested homework time with me but ex threatens children that if they complain about homework or visitation any more he will ask the courts to give him even more time so they better be quiet. He states to me "Take it to the Judge!" Is this considered "Substantial Change of circumstance" I just lost my attorney because he refused to go back to court, stating "It's too soon" Kids are ultimately suffering Educationally and Emotionally. When does it become enough?

If you are able to provide plenty of proof to the neglect, threats and general lack of supervision then you can petition the courts now.. but, you are going to need actually proof that you can present to a judge and not just words.