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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My EX and I have been divorced since 01-16-07. He has visitation

Resolved Question:

My EX and I have been divorced since 01-16-07. He has visitation with the kids as the law requires.
But I want to know if I have grounds to get a modified visitation, or supervised visitation.
The kids are 14 (boy) and 12 (girl), my 12 year old daughter doesn’t want to go over to her father house every other weekend. She refuses to spend any time alone with him because she says he makes her feel uncomfortable, so my 14 year old son make sure he is always around. He has told the kids if they don’t come over he will call the police and have me arrested for not following a court order visitation papers.
They came home in 2008 after spending a week during the summer with him and had head lice.
Both the kids say his home is a mess and nasty. They won’t sleep in their bedroom at his house my son said his bed was broken down so he sleeps on the couch and my daughter said she sleeps on the love seat because she has to keep buckets in her room because the ceiling leaks when it rains.
Then this weekend he (the EX) wrecks with my daughter on an ATV and she broke her arm (left humerus). He doesn’t make them wear helmets or any protective gear. He lets my son drive an adult ATV by himself at his cousin farm unsupervised with his cousins’ sons. I am afraid he is going to get one of my kids killed of crippled. Is there anything legally I can do? Please help!
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
Whenever there is a change in circumstances which impacts the child's welfare/best interests, it is grounds to seek modification of the current custody orders. Given that the children are teenagers it is possible for them to address the court as to their father's living conditions and state their wishes as to visitation. The court has discretion to condition further visitation if he does not fix the problems of his home. From the information you have provided, I don't see why you would be denied a modification hearing.

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