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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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A temporary order has been issued divorce proceeding stating

Customer Question

A temporary order has been issued for a divorce proceeding stating that child visitation must be supervised by one of three individuals. All three of these people work full time which means some visitation is next to impossible! Is it true that nothing can be done to change this until divorce is final?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
Thanks for your patience as I researched this for you.
According to statute 598.11 a temporary order can be modified if there is a change of circumstance:
2. Subject to 28 U.S.C. § 1738B, after notice and hearing, subsequent changes in temporary orders may be made by the court on application of either party demonstrating a substantial change in the circumstances occurring subsequent to the issuance of such order. If the order is not so modified, it shall continue in force and effect until the action is dismissed or a decree is entered dissolving the marriage.
The court would likely allow modification in order to further the court's intent- to facilitate visitation. Once the court becomes aware that the parties work full time (and that knowledge would be the changed circumstance) they will likely authorize alternate supervisors.
Their is a significant public policy consideration- the idea that ongoing and significant connections with both parents is in the child's best interests. As such, most judges will allow modification to make the order practical- so that visitation could be exercised.
Expert:  LegalGems replied 1 year ago.
Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Should you have further questions please post here to continue our dialogue. Otherwise,
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