Are there ANY motions I can legally file to have the non-custodial parent stop acting morally un-fit during visitations?

Asked about 1 year ago - Madison, MS

My child comes home from visiting the other parent and tells me (in detail) what the parent does such as leaving him at home with the grandparent to meet "girls" at the gas station, doesn't return home until after the child is asleep, texting explicit photos/info to random women that he finds on Craigslist, etc. The child is exposed to this type of behavior during times of visitation. At first, I thought it may be exaggerated but the child gives names, descriptions & even locations of where the parent meets these girls at. The parent is currently married to his 3rd wife and I just feel that this is not something our child should be exposed to. Can a judge make him behave???

Attorney answers (2)

  1. Anders Ferrington

    Contributor Level 16

    2

    Lawyers agree

    1

    Answered . Judges cannot make anyone behave. However, Judges can and will modify visitation based on dangers to the child or inappropriate actions taken during visitation. A motion for modification needs to be filed. Please contact an attorney. I know many on this site, such as myself offer free consultations

    The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice,... more
  2. Jon H Powell

    Pro

    Contributor Level 12

    Answered . Mr. Ferrington is correct.

    While a court can modify custody and visitation, and order that children not be exposed to certain types of dangerous and immoral activities, the parents still either will comply with the order or not. In other words, the parents will either behave or not (i.e., comply with the court's order or not). Non-compliance of any orders must be addressed through contempt proceedings.

    Schedule an appointment with an attorney to evaluate what evidence you have that is credible and can be used effectively in court in a modification proceeding.

    No attorney-client relationship has been formed by this answer. The answer given herein should not be your only... more

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