Visitation Modification

[texasgal]

My boyfriend has a 2 yr old daughter, they recently (Jan. 2005) went to court for child support.  For stupid reasons when it came to visitation he agreed to 14 supervised visits.  The Attorney General did not structure these visits, the court papers just said 14 sessions.  The problem now is he has had 9 sessions, the only proof of these sessions are pictures that he took.  Now she has been unreachable, he hasn't seen his daughter in over a month.  He pays his child support and has insurance for her.  My thought is that we go back to court to have the visits structured.  We can not afford an attorney and I've called everywhere and can get no help with this.  He really misses his daughter, this is driving him nuts.  My guess is she will deny any of the visits he has already had.  We would like to petition the court to modify the visits to where he finishs the last 5 visits at the local womens shelter (this is where the court generally orders supervised visits).  I don't know where to begin, or what form to file.  I did go to the law library, but I still have no idea what I'm doing.  Please any help would be appriciated.  It's not only my boyfriend suffering, his daughter also is.

[wendl]

What state are you in??

Usually you would file a show cause motion for change in parenting plan, generally you complete the forms, pay and file with the courts, have the other parent served, show proof of service and go to court, get your 5 min in front of the judge and the judge makes his rulings.

Each state is a little different.

Give us a little more info and some of us here can help you out.
Many states have the legal forms online thru their court websites.

**These are my opinions, they are not legal advice**

[texasgal]

Thank you so much for responding.  My boyfriend is out of his mind, not being able to see his daughter, we live in texas, brazoria county.  I've been to there website and found nothing.  Any help appriciated.

[patton]

This is your lucky day....my cousin just had a case in Brazoria County.  Is Judge Langley hearing your case?

I have a copy of EVERYTHING you would need to file if you want to do it yourself.  There will be some minimal charges for filing and some court costs and you will have to have the other party served with the paperwork.

Let me know what you need.   Send me a PM. (private message)

[texasgal]

I typed this up, Im hoping there is someone who let me know if this is right and how to possible reword a couple items.  Thank You.

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

PETITION TO MODIFY PARENT-CHILD RELATIONSHIP

   COMES NOW       , Petitioner, who is __ years of age and resides at address, City, 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

   This Court has continuing, exclusive jurisdiction of this suit:

   Name:  
   Sex:  Female
   Birthplace:  Westex, Texas
   Birth date:  
   Present residence:

   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 been 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.

[someonewhocares]

texasgal,

You may want to run that by soc and ask him. He is a good resource in family law.

[texasgal]

Well I filed the motion and she was served Tuesday.  Wednesday my boyfriends Jeep had been keyed at work, unfortunately we have no proof she did it.  Now I'm getting really nervous about what to do.  I've filed the motion, now what, do we have to wait 20 days before we can request a hearing? I believe the part she is really upset about is, his request to have his daughter while she works instead of her going to a babysitter.   I'm hoping nothing else happens to our propery, I guess some people just don't grow up.  Any direction anyone can give me at this point I would appriciate it.  

[someonewhocares]

Texasgal,

       All I can tell you is welcome to HELL! My friend and her husband has been battling his ex for 3 years now. Have not seen his daughter in over a year (do to denial). They did not have the money to fight her and saved for the last year (have 4 more kids so money is tight) and now they are going back to court. Judge said last time things were fixing to change so we will see. All I know is women (and I am a woman) are very vendictive witchs. But ask soc on his board and he maybe able to help you.

someonewhocares