Is this enough for a positive change?

[SallyandJack]

Long story short

My husband was divorced Dec 2003 – we were married shortly after

He has a 6 ½ yr old daughter.  My husband is disabled therefore it is a requirement of the final divorce that someone to accompany him on his visits to be agreed upon by both parties.  Currently his father is listed on the final judgment as supervisor.

Shortly after we were married my husband's father became ill and his health is still deteriorating which has cut my husband's visitations in half because the mother will not accept me as alternate supervisor. I have spent much time with this girl without incident.

At first she said she needed to get to know me and I was fine with that.  But this turned out to be a rouse on her part.

We are seeking to ask the courts for modification in the visitation order – 1st – to include me, 2nd – to expand and clarify visitation.  (this woman has done other things such as deny him alternate holiday visitation)

From what I have read there needs to be significant circumstances in order to change.

I'd like to know if the above circumstance of my father-in-law being sick and my husband's visitation being cut in half as a result is considered significant.  Obviously we think it is....state is NJ.

thanks

[socrateaser]

If you are not requesting a change in custody, then the court has discretion to clarify the existing orders. Asking to replace the grandfather with the new spouse as a supervisor will almost certainly not require proof of a change of circumstances, however, the fact that the grandfather is ill is likely sufficient grounds to have your motion considered.

As to whether the court will allow YOU to be the replacement, I can't say. But, I think it's fair to say that the court will want to permit some new arrangement in the child's best interests.

[SallyandJack]

thank you for your reply.  you confirmed what we already thought.

whether it is me or someone else...what is most important is that he be able to see his daughter without interruption.  

thanks again.