Modification of Child Visitation

Question

I have a question, my husband filed for modification of visitation papers. The reason he is asking for modification is, the current visitation papers are from 8 years ago when he worked on midnight shift. My husband and his ex have had a verbal agreement for some time that we can get the kids every other weekend and every thursday. The thing is, whenever they have a disagreement, she resorts back to the papers, which limits his time with the children. So, he filed for modification and sent her a copy of the papers and also has a court date. If she refuses the certified mail and does not show up to court, does he automatically win? Or do we have to do this all over again..

Answer 1

If she refuses the certified letter (and he saves the receipt showing proof that he attempted to get her to come) and she doesn't show, they will have the hearing without her.



Typically, the Judge will review all the information, and make his decision. Your husband will not automatically win, however, it does reflect extremely poorly on his ex wife if she does not show up, and your husband will probably get granted whatever he's asking for.



Why not try sending her the certified letter one more time, that way he has proof that he made more than one attempt to get her to show up to court.



I never agreed with people who will use their children as pawns and restrict their time with a parent just because they're angry with the other parent. It's a horrible thing to do to your child, and I'm sorry for you, your husband, and the poor child involved that his ex is so bitter and rude.



Good luck.

Answer 2

Online Degree-

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Answer 3

Been in that situation....If she doesn't show up for court the judge will only hear your husband's request and assume that she does not contest it. Here's hoping she doesn't show!

Answer 4

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