[Jodiem]

My daughter fathers has filed to temp modify the supervised visits, To change the order, and contempt. Almost 2 years ago an order was put into place that he have supervised visits for 4 months then after that it goes into unsupervised visits every other weekend sat 9am to Sunday 6pm then holidays, 2 weeks in the summer, he also got 3 phones calles per week Sun, wed,fri at 5pm. In the order it states that I can have someone I know do the supervised visits or we would need to use a agency. I picked to go to an agency He wanted them done at his house with a friend. I said no we would go with a 3rd party. Since June of 2010 he has not done any visits at all and he stopped making the phone calls at his time but would make random calls when she is in school leaving megs to her saying bads things about me. He has supervised visits due to his drinking. Since the court order he has been arrested for agg assult against a fireman, He had past out on a street corner in the middle of the afternoon. He was charged with driving on a rovked D.l. For a dui. Can he get these visits modifyed? I have proof of certified letters to him tell him where the visits would take place Phone records. What would he need to change this? I heard he got married but to the same person he was living with at the time the supervised visits were ordered.

[JudyKayTee]

IF he files to modify the existing Order you PROVE he is irresponsible and a danger to the child (emotionally or physically). You can use arrest records, affidavits, personal witnesses, whatever PROOF you have.

[Jodiem]

I have already proved that he is irresponsible the first time around and a danger to her. With him not doing the supervised visits in the first place I would think would prove how much he does not want to see his daughter. I would like this to be dismissed all together so I don't have to keep pay lawyer fees. I would think a judge could just dismiss the case.

[JudyKayTee]

A Judge just can't dismiss the case - it's not a criminal matter.

You'll have to prove what you say a second time. That's how Family Court matters work.

[Jodiem]

Since I have proved and the court did order supervised visits. That he never did. I would think that he would need to prove that he is fit to have unsupervised visits. He does not want to do the supervised visits because I don't think he can stay sober that long. I would think he would need to show reasons on way the visits should not be supervised and to have the whole order modifyed.

[JudyKayTee]

He will ask for whatever "relief" he wants the Court to order - more visitation, less supervision, supervision by someone else. He doesn't prove he IS fit. You prove he is NOT fit. A substantial change in circumstance is a reason to apply - marriage, counselling, something.

Neither one of you argues the old Order. You both present the new issues and ask for the Court to make a decision.

Unfortunately what you think or what makes sense is not how the Court works.

If at all possible, because you are not familiar with the Court system, I would suggest that you retain an Attorney.

[Fr_Chuck]

What you proved in the last case, it does not matter, you may have to reprove it all again. Most likely he will claim you did not even offer any private person to do the supervise, and was not willing to try to work with the order ( my guess what I would advise a person to do) Also he may try to also make it sound like you were unwilling to work with him.

You will have to prove that you meet every requirement of the court order, If if says "if you can't agree on a person" and you did not even offer a name of a person, this could be considered not working with the order. If it said, either a person or court supervised that is another issue.

[ScottGem]

I slightly disagree here. I would present the original ruling of the judge as part of the evidence. I would then add your evidence of failure to adhere to the existing order as further proof that not only should the order not be modified, but that it should be strengthened.

I would also point out that since he has failed to adhere to the original order, that this attempt at modification is without merit and therefore he should pay your court costs.

[Jodiem]

In the order it says that If I have a person I would like to use then that person shall be used if not then it gave a list of places we could use. I picked one of the places out of the list. I told him 2 times over the phone who we would use and wrote it in a letter and mailed it cert.so he could not say I did not give him the information. Anything I have sent to him has been sent in a letter cert. so I would have proof if he did anything like this. I also have phone calls that he made saying that he has not called for a few weeks. Which I feel proves he di not do his phone calls like he should have.

[cdad]

I also have phone calls that he made saying that he has not called for a few weeks. Which I feel proves he di not do his phone calls like he should have.

Depending on the State you live in this may not be addmissible as evidence and may in fact be illegal. You should at a minimum consult a lawyer.

[JudyKayTee]

In the order it says that If I have a person I would like to use then that person shall be used if not then it gave a list of places we could use. I picked one of the places out of the list. I told him 2 times over the phone who we would use and wrote it in a letter and mailed it cert.so he could not say I did not give him the information. Anything I have sent to him has been sent in a letter cert. so I would have proof if he did anything like this. I also have phone calls that he made saying that he has not called for a few weeks. Which I feel proves he di not do his phone calls like he should have.

I'm with Califdad here - are you saying you taped his phone calls?

And to Scott - I didn't mean that the first Order is immaterial. I believe he has to apply to modify the first Order, which will stand on its own merits. I don't think the Judge will examine the "evidence" and/or testify what went into that Order when he/she hears this case and makes a new decision.

That Order will, of course, go into the equation.

[Jodiem]

No, I did not tape the phone calls he left a message to my duaghter not during the court order time and she was in school saying I know I have not called in a few weeks but I want you to know that youe mother is sick and worthless you will understand all this when you turn 18. He has left several messages for her saying bad things about me. He always starts by saying her name and then goes into about what a witch sick person I am and that he s going to make me better.

[JudyKayTee]

Save those messages and take them with you!