S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Modifying Visitation  (Read 864 times)

texasgal

  • Guest
Modifying Visitation
« on: Jun 01, 2005, 06:33:16 AM »
Good Morning from Texas!!  In January the Attorney General took my boyfriend to court for child support for his 2 year old daughter.  The problem is the 14 supervised sessions.  It was not structured, it just states my boyfriend must complete 14 supervised sessions before he moves on the the normal visitation schedule.

To this day he has seen his daughter 9 times.  Now we have been unable to get a hold of the mother, he has left several messages, he calls everyday.  We want to take her back to court to modify the visitation, to where the remaining supervised visits are structured and at a neutral location.  

We also want to have to option to have his daugher while the mother works.  I have typed up this petition and plan on filing it this week.

1.)  Could you read this, and help me with some of the wording?

IN THE INTEREST OF    §   IN THE DISTRICT COURT
                   §
       §      300TH JUDICIAL DISTRICT
                   §
A CHILD                §      BRAZORIA COUNTY, TEXAS

PETITION TO MODIFY PARENT-CHILD RELATIONSHIP

   COMES NOW_________, Petitioner, who is __ years of age and resides at ___, Texas and files this Motion to Modify.  Petitioner is the father of the child and has standing to bring this suit.  The requested modification will be in the best interest of the child.

   The order to be modified is entitled Order Establishing the Parent-Child Relationship and was rendered on January 21, 2005.

   This Court has continuing, exclusive jurisdiction of this suit:

   Name:  
   Sex:  Female
   Birthplace:  Galveston, Texas
   Birth date:  03/03/2003
   Present residence:   Texas

   The names and addresses of each party whose rights, privileges, duties, or powers may be affected by this motion are –

   Name:     
   Age:  
   Address:  
   Relationship:  mother

Process should be served at that address.

   There has been no change of consequence in the status of the child’s property since the prior order was rendered.

   The circumstances of the child or a person affected by the order to be modified have materially and substantially changed since the rendition of the order.  Petitioner request that the terms and conditions for access to or possession of the child be modified to provide as follows:  Petitioner should finish the remaining five supervised visits at the Brazoria County Women Center.  Petitioner will show the court that the Respondent has tried to reach the petitioner to set up times for the remaining supervised visits, and has been unsuccessful.  

   Petitioner will show the court that the original visitation schedule should be modified so that the petitioner receives (back visits), and the option to take care of the child instead of a babysitter while the Respondent works.

Petitioner prays that citation and notice issue as required by law and that the Court enters its orders in accordance with the allegations contained in this petition.
   
   Petitioner prays that, on final hearing, the Court enter a permanent injunction enjoining Respondent, in conformity with the allegations of this petition, from the acts set forth above.

   Petitioner prays for general relief.


socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: Modifying Visitation
« Reply #1 on: Jun 01, 2005, 07:24:36 AM »
>
>1.)  Could you read this, and help me with some of the
>wording?

First, I'm not sure that you should be doing this on petition or motion, because I don't know TX Civil Procedure. If you have already been in a real court, not an administrative court, and there is an existing case number, then you probably want to file a motion, not a petition, because petitions begin cases, and motions are used for all other relief.

So, please tell me whether your existing orders were signed and entered in the county court, or by an administrative hearings officer who is part of the Attorney General's office.

Then post the EXACT text of your visitation orders.


 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.