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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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DYFS investigation pending on father.. have open arrangement

Resolved Question:

DYFS investigation pending on father.. have open arrangement for visitation per divorce settlement papers. do not want to send child to visit/stay until investigation is completed and decision is made.
Submitted: 7 years ago.
Category: Family Law
Expert:  legaleagle replied 7 years ago.
Unfortunately if he has court ordered visitation you can not deny his rights under that order or you will be in contempt. You will have to get the order modified to stop his visitation pending the outcome of the investigation.
Customer: replied 7 years ago.
How can i get the order modified? is there a form i have to file in court?
Expert:  legaleagle replied 7 years ago.
There is no form.. You create a motion to modify and state what you want changed, why and what you would like the change to be and the court may set a hearing or may just grant it if he does not fight it.
Customer: replied 7 years ago.
ok so i go to the court and file a motion? how do you file a motion. im sorry im asking so many questions im just trying to protect my child from his mental abuse and retaliation from his girlfriend.
Expert:  legaleagle replied 7 years ago.
You draft the motion and then take it to the court clerk and file it and also send a copy of what you filed with the father so he has notice that you filed the motion. Then the court should let you know when a hearing date will be set or you can ask the clerk to set it asap.
Customer: replied 7 years ago.
ok im looking online on the state website on how to do this so in the mean time i can not send her pending the court hearing once i file. i have one week. i just want file before he does because i know he wont say their is a dyfs investigation pending. he will just say i am not sending her and use the same lawyer that setup the divorce papers for us.
Expert:  legaleagle replied 7 years ago.
When you file you can also file a request for a temporary order to suspend visitation pending the current case. The court will hear this right away if you file it and then while your motion to modify is pending you will not have to send her.
Customer: replied 7 years ago.

do i need to get something in writing from dyfs for the motion or do you just put the contact i have.

Expert:  legaleagle replied 7 years ago.
It would help to have a statement from dfps but you could also just list the dfps investigator, or contact,and get them to testify when there is a hearing.
legaleagle and 3 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
ok. thank you for all the information. i will contact dyfs and let them know i am filing a motion to hold visitation pending the outcome.