I divorced in 2009 with a parenting plan giving my ex-wife supervised visits every other weekend & requiring my ex to undergo a drug abuse eval, in-patient treatment, & follow-on care before visits can be modified (this is a continuation of the family court's same requirements during our year-long divorce). She has not complied, lives in some kind of shelter/halfway house, does not work, & disregards the supervisory requirements during visits. In addition she does everything she can to make life difficult & unpleasant for my new family. Last night she left a voicemail threatening to kill me because I scheduled my son's dentist appointment on a Friday afternoon on "her" weekend.
Reports from her family & boyfriend make me believe there is a safety issue during my 11 year-old son's visits.
Child Custody Lawyer
YOU would need to file a Petition to modify the current PP restricting her visitation even further. MAking things unpleasant for your new family is not a basis to restrict visitation. If she threatened you and you have evidence for the same, you may obtain a Protection Order against her.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
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Family Law Attorney
It sounds like your ex's failure to comply with the 2009 parenting plan is contempt of court. You should have an experienced attorney review the language of the PP and interview you about the details of this situation. A threat to kill constitutes domestic violence; you should see a DV worker at the county courthouse to discuss your options. Any issue of safety of the children should be reported to CPS. See my AVVO Legal Guides on parenting plans, petitions to modify, contempt and domestic violence for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides, click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 32 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement
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