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AttorneyTom, Lawyer
Category: Family Law
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My son is now 16 months old and the arrangements are joint

Customer Question

My son is now 16 months old and the arrangements are joint legal custody with 4 days 8am to 8pm visitation. Since February 09 until Sept 14,09 my x wife has been in a mental hospital for clinical depression, several suicide attempts and alcohol rehab. I'd like to revamp her visitation to one day per week since his visits are very upsetting to him because the only mother he's ever known is my current wife since 3 weeks old of which she had already been in a phych ward 10 days. I'm struggling choosing the correct verbage for the court docs.
Submitted: 7 years ago.
Category: Family Law
Expert:  AttorneyTom replied 7 years ago.


By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.



Unfortunately, because we cannot provide legal advice or legal services on JustAnswer, we cannot help you in the process of drafting your court documents.

However, I can provide the following useful information regarding this matter.

It is possible to file Motion to Modify a custody agreement and visitation schedule. In many jurisdictions, the main goals of the court should be to promote contact with both parents if both parents are able to act in the best interests of the child, place the child in a safe, stable, nonviolent environment, and encourage parents to share the rights and duties of parenthood. However, if a parent's mental illness places the child in danger, this may be grounds to limit or prohibit visitation altogether. In such a circumstance, this would generally not absolve that parent of the obligation to pay child support.

Child-related matters are major factors in life. Accordingly, before taking any legal action, a person should consult an attorney who is licensed to practice in your state about this matter. While I realize that this can be a great expense, it would be an excellent investment. If money is scarce, there may be low-cost or free legal clinics available to you for this purpose. The state bar association may be able to assist you in locating those. If there are no such clinics, you may be able to work out a payment plan with your attorney. Alternatively, you may be able to seek a loan or pay your attorney via credit card. While it is possible to represent one's self, it is always advisable to have a qualified attorney's assistance.

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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services: