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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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My ex does not follow the visitation order in our recently

Resolved Question:

My ex does not follow the visitation order in our recently modified visitation decree. He makes agreements with our 3 kids on when he is or isn't changing visitation. He avoids contacting me and states our kids ages 17, 16 and 14 are old enough to arrange this themselves. He has never called or showed up where I have ever denied his visitation however, I am wrongfully accused and threatened with contempt of court charges when he does not get his way. Our kids have jobs and sports activities and he moved farther away 8 months ago. We are now 5.5 hrs round trip between us from the initialXXXXXjust 8 months ago. He blames me for interference of his relationship with the kids when our kids spent a lengthly time in counseling due to reckless behavior involving alcohol with our kids present. Our kids have voiced refusal to go at times with him. They have asked if the schedule can be changed. What can we do? We are in Iowa and been divorced over 10yrs, with former domestic violence and former drug issues on past jobs he lost due to failed drug testing while married. I cannot afford to keep going through an attorney which does not seem to push back on my ex when we've had therapist stattements, school etc. He was offered to attend counseling sessions with the kids to discuss there fear with him, but he declined and accussed me of the change. Can our entire decree be re-modified and do the children have a voice in the courts?
Submitted: 1 year ago.
Category: Family Law
Expert:  Joseph replied 1 year ago.

Yes, your children are old enough to "have a voice in the courts". If you were to take the matter back to court, you could request permission to bring the children to court where the judge could have a conversation with them and inquire as to their preferences regarding where to spend their time.

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As to a modification, that might be difficult at this time. A modification is generally based on some significant and unanticipated change in circumstances since the last order was put in place. You stated you had "recently modified (the) visitation decree." If so, it seems unlikely that there would have been any substantial and unanticipated changes.

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Customer: replied 1 year ago.


You mentioned "unanticipated changes" in your reply regarding the modification performed 3yrs ago. Does the fact of his move 8 months ago apply to this criteria and also the "new arrangement" he made with our kids to decrease the visits at there request fit the request for another modification? I want to mention also that when he moved he did not inform me of this move and I learned of it through our kids. I had to call him to ask about the new girlfriend and propose travel arrangements. Is there a mileage to be considered with the visits? I would think that this would be reason for the modification. Not to mention, we've also had recent medical insurance issues that were not clearly outlined and have now created medical insurance conflict where the hospitals are stopping claims on both insurances.? These items are not clearly outlined in the modification??

Expert:  Joseph replied 1 year ago.

I apologize, I had assumed that those things were part of the "recently modified" agreement. As you have no indicated that these things occurred after the modification, then yes, I would agree that these things could certainly be considered as unanticipated changes.

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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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Joseph
Joseph
Family Lawyer
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I have over a decade of experience as a Family Law litigator