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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 27091
Experience:  Began practicing Family Law in 1992
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My 7 yr old sons father lives 8 hrs away. He only sees him

Customer Question

My 7 yr old son's father lives 8 hrs away. He only see's him spring break and in the summer. My sons attitude changes every time he comes back from his dads. He's very negative and tells me that he was left alone. His dad also leaves him with grandma during the day all summer who is on medication and not capable of caring for a young child. I'm wanting to get the visitation modified and the time spent in summers shortened. There are no rules at dads, he doesn't monitor tv, video games, eating habits, etc....and I worry this is going to affect him more as he gets older.
Submitted: 3 years ago.
Category: Family Law
Expert:  JD 1992 replied 3 years ago.
Is there a specific question I can help you with?
Customer: replied 3 years ago.
Is there any way to get the visitation modified so that he is not with him for so long in the summer? He is supposed to go with him 8 hrs away for 6 weeks. He smokes pot and want to know if I can demand supervised visits? Can he be drug tested before my son rides with him? The last time he was in the car with his dad, he got pulled over for speeding, they pulled him out of the car and searched the vehicle with my son in the back shining flashlights at him asking who he was and if that was his dad. My son said he was scared and that they took something from his dad and his dad just told him it was some medicine in a baggie??? I worry so much about him and have raised him since he was born and I want him to have a relationship with his dad, but I think he's too young to be gone for that long so far away. His dad hasn't been in his life a whole lot and doesn't know how to care for him, and often leaves him alone.
Expert:  JD 1992 replied 3 years ago.
You can file to modify visitation but courts are reluctant to do it without some kind of hard proof. You can ask that he be drug tested, but the court isn't going to order it every time he picks the child up unless he continually tests positive. Unfortunately, many women don't want the children going with their fathers for the extended visits so a judge isn't going to automatically by sympathetic. You will need proof before they will even consider supervised visitation. Also, if you ask for a drug test and he passes you will not be able to come back in the future and be taken seriously so be sure you're right before you pursue that avenue.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 3 years ago.
He has been pulled over for having pot in the car and was arrested, but my son was not in the car. Is that considered hard proof. It was several years ago though. And my son's clothes always smell like smoke and he says that he sees daddy smoking? Can I get it modified that he not stay with grandma during the day. She is already getting paid by the government for not working due to "stress at work", much less a 7 year old?
Expert:  JD 1992 replied 3 years ago.
The court will consider that evidence if he was convicted. The fact that it happened several years ago makes it less likely it will be considered important by the judge.

You can ask for the modification as to grandma, but that one is not likely to be granted unless there is some evidence that the child causes stress.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

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