Question for the Rhode Island Divorce Coach: How do I change visitation?

QUESTION:

Hi, I have a custody agreement with my daughter's father. I opted for joint custody but I have physical placement. She is supposed to spend every Tues and Sat overnight with him. He has become inconsistent with picking her up and sometimes doesn't. Also, he drops her off to spend Saturday overnights with his mother after I have repeatedly asked him to keep her when she is supposed to be with him. She spends pretty much every Sat overnight with his mother. Also, he is negligent in adequately taking care of her- he fails to bathe her, brush her hair, brush her teeth, dress her appropriately, etc. I am not looking to cut him out of her life but instead to limit the time she spends with him during the school week. (I am looking for maybe every other weekend?) I have kept very good documentation and am looking to see what my options are in changing the agreement we have without having to hire a lawyer. At this point in time, I can not afford to spend a lot of money on a lawyer but feel that I need to take some step for my daughter's benefit. Please let me know what options, if any, that I have. Thanks so much!

ANSWER:

What you have described is modifying your husband's visitation time. You can either work out a new agreement with your daughter's father and present it to the family court for a judge's approval, or you can file a Motion to Modify Visitation based upon the circumstances you state in your question and then present your case to the court on the hearing date and have the judge decide if there should be a modification.

If you need representation or a coaching session, please feel free to call me. You will find additional helpful information here at RhodeIslandDivorceCoach.com

My best to you in your family law situtation.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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