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xavierjd, Lawyer
Category: Family Law
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Experience:  20 yrs exp. in divorce, custody, visitation & support .
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I just went through a custody hearing/final hearing and the

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I just went through a custody hearing/final hearing and the judge put a restriction in place that restricts the mother from having the child in the prescence of a person who is a problem. The mother has since filed a petetion to allow this guy back around the child.The conference call took place on September 15th and the judge stated "The petetion was not filed properly and the judge told the mothers attorney that if they wanted to petetion the courts to allow this guy to visit with the child then she would have to file a new action and allege that there has been a change in circumstances that would warrant a lifting of the restriction.I am just wondering if the mother could refile and allege this person has done something different and my child be allowed back around him or do they have to provide proof of the change.
Submitted: 5 years ago.
Category: Family Law
Expert:  xavierjd replied 5 years ago.

Thanks for using JustAnswer.com

 

When was the final custody/hearing held when the judge placed the restrictions on the mother?

 

Thanks

Customer: replied 5 years ago.
January 29th
Expert:  xavierjd replied 5 years ago.

Generally, you can only ask to have a custody order modified if there has been a "substantial change in circumstances that affect the welfare of the child." This is a high burden.

 

It sounds like the judge wasn't too happy with your ex's lawyer during the conference call. The attorney didn't follow the rules for petitioning the court, nor did the attorney, during the conference call, give the judge any reason to change the order.

 

Unless the "restricted person" has done something dramatic to change his position in the eyes of the court, he will remain a "restricted person." Your ex has the burden of showing that there has been a "substantial change." Has there been a change in this person's lifestyle? a change in his behavior? a change in the persons with whom he associates? a change in his use of drugs and/or alcohol? etc.

 

You may wish to contact a lawyer who specializes in family law to discuss the specific facts of your case. Many times, an initial consultation is free. You can go over the existing order and any claims that your ex is trying to make. You can learn your options, and then decide whether or not you need to hire an attorney.

 

It sounds like you are in a good position, but you can never assume anything when it comes to judicial decision making! (as you probably already know)

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can receive credit for answering the question. Thank you.

 

Legal Disclaimer: This is for informational purposes only and does not constitute legal advice.

xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
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