Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

Visitation of my child by ex spouse and child support:I

Visitation of my child by...

Visitation of my child by ex spouse and child support:


 


I need to know a few things for the state of Arizona.


I am recently divorced and have a 6year old child.


I have sole custody of her but the ex has in the decree that he has visitation for Mondays from 3pm to 7:30pm.


 


My ex called me today asking to have our daughter on Father's day for visitation without me present which has never happened. The decree does allow him to do that but I know how bad that is for the kid.


 


If I refuse I could get in trouble and all of the things I have documented probably would not be honored in my favor by a judge.


 


For the first year of the divorce I let him come over and visit her whenever he felt like it but I was always present. I did that to make things flow and for us to get along.


 


As of a month ago he stopped speaking to me and coming over. Now he keeps asking if he can take her for a full day or even overnight. I understand that I should not have agreed to allow visitation without supervision but I was so much wanting an uncontested divorce due to time and cost.


 


I have been documenting how this alcoholic man has should up for visits under the influence and cannot mange his own life.


 


He drives an unpaid vehicle that they are looking to repo and is uninsured and has not paid title and registration.


 


He socializes with very aggressive, rude, perverted uneducated guys that would be a threat to my child.


 


He is totally reckless and unsafe. He was recently homeless and phoneless.


 


He has left scary drunken messages on my voice mail that I saved. I cannot communicate with him since he goes against everything I say for the best interest of our child.


 


He bullies me and raises his voice and is mean and scary. He has not kept me current on his current living location and address as stated by the divorce decree to do.


 


He has not paid the required health insurance for her either which is 56% of cost.


 


I am supposed to get $500 a month from clearing house for child support and it has not always added up to that due to time off work or not enough hours.  He never paid me the difference.


 


He is constantly changing his phone numbers and pawning his phones. Debt collectors are trying to track him down left and right.


 


Last year he got a mistomeaner for criminal trespassing.


 


The report says he was too drunk to leave the property of a nightclub and kept vomiting outside.


 


One of his jobs called me last week saying he did not show up for over a week. The list goes on and on.


 


He cannot care for himself and certainly not for our kid.


 


What I need help with is the following:


 


Ex is now dating a law student who is advising him with our situation. Is it true that the visitation portion of the decree can be modified annually?


 


Can the divorce decree be modifyed annually as well?


 


Ex threatened to use the angle that I am on disability for mental illness against me as an unfit parent which is not the case and will be backed up by my treating doctor in order to modify visitation of the decree.


 


My ex is not on disability but has been diagnosed as depressed and quit taking his antidepressants.


 


My ex is an alcoholic and was just forced by a judge to go to an alcohol class for 16 hours. I have a copy of that document.


 


No overnights are in the decree. If ex trys to go to court to fight me on that to allow them how does a judge decide yes or no.


 


I am concerned because in the past ex blacked out during an alcohol binge and was penetrated by another male analy and claims that it was raped. I think he did it willingly.


 


So if he cannot protect himself how can he protect child. I am just curious if in front of a judge this goes back and forth how the judge decides who gets there way.


 


How easy is it to modify divorce decree from May 2012?


 


Is it true that is cannot be changed so soon since it is rather close to the original date.


 


Can a divorce decree be modified?


Can custody be changed?


Can travel with child rules be changed?


 


Once when ex took my kid for a walk alone he dropped her off at neighbors house without my authorization. That freaked me out.


 


Thank you I would love to hear your thoughts please.

Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 hours by:
6/10/2013
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,527
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

1) If the decree provides for father's day visitation and you do not allow that visitation, then he can take you to court for contempt of that decree. If you feel that this is a danger to the child or not in the best interests of the child, then you need to file an emergency motion in court to change the visitation order to preclude such father's day visitation. You cannot just pick and choose what part of the decree you want to honor, you have to go back to court to change it if you think it is not in your child's best interests and present that evidence to the court to get the change.

2) Based on your description of his conduct above, you have more than sufficient grounds to go back to court to get the visitation modified. You also have grounds to file a motion for contempt for him not paying the insurance as ordered. The judge is highly unlikely to give unsupervised visitation to an alcoholic with behavior you have described.

3) You can modify your custody/visitation based on significant change in circumstances if the incidents you are describing above took place after the visitation/custody order was issued. The divorce decree itself cannot be modified, but the visitation/custody order can be. With the blackouts and the severely bad conduct you are describing from the alcoholism, it is more likely than not you can indeed get the decree modified to supervised visitation only and most all courts based on the facts you described will order only supervised visits as it appears from your description he is not safe to be around the child alone.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Ask Your Own Family Law Question
Customer reply replied 4 years ago

Thank you so much for your detailed response.

 

If you think it is not in your child's best interests and present that evidence to the court to get the change.

 

Would my own personal documentation count as evidence in a court of law or could he just deny all things I say?

 

Could he use my disability for mental illness (depression, mood disorder and anxiety) against me for anything?

 

Since his girlfriend is a 3rd year law student, should I take that as if he has a lawyer guiding him every step of the way?

Is the insurance that he has not paid treated like unpaid child support?

 

Is it treated as delinquent on a cumulative basis or year to year?

 

I notify him of all of her medical bills by email but he has not looked at his email account in a year. I do not dare discuss verbally of all the bills. Hope that my method of contact will hold up.

 

The judge is highly unlikely to give unsupervised visitation to an alcoholic with behavior you have described.

 

I have no evidence other than his 2012 criminal trespassing arrest that states the intoxication issue and the paper that shows his mandatory class.

 

Who will have to pay for the supervised visits? He is so broke as is. I could then see him fighting to reduce my child support due to much lower earnings. My point is if I upset things for him he will try and upset things foe me especially with this new law student helping him.

 

My fear is if I try and file that he is unfit and I lose, the win for him will empower him and make our future communications worse for me since he is very unpleasant and aggressive already.

Thank you for your response.

!) Your documentation would be helpful, but he can deny these events and then without anything to corroborate your testimony it becomes your word against his word. So you do need some witnesses if you can do so.

2) He has a 3rd year law student girlfriend, that's nice, it takes most lawyers 3 years to even figure out what they are doing on a simple court case. Thus, while she may be of some help providing him information, she is not an experienced lawyer and likely not going to know very much more than very basic legal theory.

3) Insurance is not actually unpaid child support, it is extra on top of child support, but it can be held in arrears and he can be made to pay those arrears just like child support. So the court will make him pay that just like back child support.

4) You also have his alleged rape charge on top of the trespassing arrest, which is further proof of his alcohol abuse issues. I cannot make up your evidence for you I am afraid, you described it above and now you are saying that the evidence of what you said initially is a little bit less than the impression you have given initially. However, in court you simply have to make a reasonable showing he has a substance abuse issue and the court will likely use that to at least mandate random drug and alcohol testing. As far as your mental disorders, he can raise them but they are not an issue if you have them under control with treatment and medication.

5) Again, we cannot make your evidence any different than it is. If your evidence is not strong, then you might want to reconsider bringing this case at this time and let him continue on and you need to do a better job of documenting his abuse problem and gathering witnesses before you bring your case to modify the visitation.
Ask Your Own Family Law Question
Customer reply replied 4 years ago

Lastly,


 


The rape is not something he reported it was his explanation to me to justify the anal warts that his doctor had to treat years before the divorce.


 


I got concerned because he is throwing in my face that his girl is a legal expert and knows all the angles to take me down and all of his rights to give him what he wants and if I counter it they will defeat me. I do not have the finances to hire an attorney and got scared. She said that ever 12 months he is entitled to change the visitation. She suggested using my disability to prove my instability. I am frightened about not being able to afford representation.


 


I have no witnesses for anything, just my detailed personal documentation, police report and recorded drunk phone call. I wrote down all dates and episodes of instability on his part since us splitting.


 


It sounds like he does have the upper hand. ;-(

Thank you for your response.

In any court case, the party bringing forth the allegations in the court has the obligation and burden to prove those allegations with evidence. You have at least evidence he is in breach of the divorce decree and you can pursue him on the contempt. As far as his alcohol abuse, you are going to need witnesses about that which you have the records of and the phone call and police report and you can use that to show he has a substance abuse problem.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,527
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 119,527
119,527 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
What is necessary for a parent to obtain sole custody of a
What is necessary for a parent to obtain sole custody of a child who is receiving financial support from Social Security? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
I currently have supervised visitation with my children per
I currently have supervised visitation with my children per a temporary order from 8/4/17. I fear that my children are in danger with my ex-wife because of her family's culture (her father molested ex… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
119,527 satisfied customers
My daughter's husband has filed for sole custody of their
My daughter's husband has filed for sole custody of their children. Why would the courts give sole custody to one parent? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
I have gone to Child Support Services. My divorce was
I have gone to Child Support Services. My divorce was finalized on July 11, 2017. I can claim arrears from August 1,2017 because my ex has not complied with the order. I agreed for my ex to pay half t… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
If both parents have supervised visits and the grandparent
if both parents have supervised visits and the grandparent is awarded Permanent Managing Conservatorship … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
Going through a post divorce child support case and need
going through a post divorce child support case and need advice about what legal documents are required to determine support … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex defaulted on child support under our divorce agreement
My ex defaulted on child support under our divorce agreement when our child came to live with me from his grandma. The court wrote him and he went for a lawyer who wrote to me with arrangement of visi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Does child support have to be paid in Colorado if there is
Does child support have to be paid in Colorado if there is no court order, parenting plan in place, and the custodial parent is refusing to allow visitation even though there is a visitation order in … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I have a child support order and have been divorced. My ex
I have a child support order and have been divorced. My ex husband threatens not to pay it or pays late every month. How can I get the court to have him pay to a third party? … read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
I have temporary supervised visitation. I was granted 8
I have temporary supervised visitation . I was granted 8 visit. my son father is violating the court order. What can i do? and what will happen as a result… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
My question is about child support case,and visitation; my
My question is about child support case,and visitation; my daughters dad never keeps her for his visitation never takes her for 30 days in July and doesn't do any of his financial obligations. I do ge… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
Can dcpp tell me that i have to have supervised visitation
hi, can dcpp tell me that i have to have supervised visitation with my teenage daughter whom is currently under my custody? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
My son had supervised visitation at the local county women's
My son had supervised visitation at the local county women's center in Angleton, Tx. He had issues with them and they told him he could not use the center anymore for visitation. Keep in mind, he was … read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
My ex has supervised visitations now. We have a hearing in
My ex has supervised visitations now. We have a hearing in November. Yeatersay he apent time with the kids. He was acring auper friendly with my family( I am not present during the visits), he also wo… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
This is on potential supervised visitation case. Illinois.
No. My daughter has a daughter that is 17 months old. The father is not on birth certificate. We have had him try to be as involved as possible by letting him stay at our house on weekends. He lives in a house with a few other guys he met on Craig list and my daughter doesn't want her there. Also he is involved in a very volatile relationship. This girl is angry that he has a child with my daughter and continuously calls and harasses here. The latest calls were messages she left on voicemail. We now have not hear from the father in s month. When my daughter asked if he was going to help out financially at all he replied he would see her in court … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x