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Should I go back to court for visitation modification

Visalia, CA |

My ex has supervised visitation, no overnights. I have a CLETS 5-year restraining order against her. She suffers from bipolar and PTSD. I had a lawyer, who has since withdrawn from the case. Since his withdrawl, my ex has refused to communicate with me about our son. She has blocked phone calls, emails, etc. She expects me to go through the supervisor (her grandmother) for discussing any issues regarding our son. She has also cancelled approximately 50% of her visits since March. I know I need to go back to court for a modification, but should I ask for reduced visitation, or suspended visitation? Should I request random drug testing, as it was an issue in her past? Should I ask for specific instruction to be included in the visitation order? PLEASE HELP!!!! Thank you in advance.

Attorney Answers 2


  1. You should consult with an experienced local family law attorney. The attorney can review your case in detail with you, and determine whether a modification would be likely to be granted.

    I appreciate your endorsements! If you "agree," or found this response "helpful," please mark it as so. You can contact The Law Offices of Sara M. G. Rojas, PLLC or find out more information about us and the services we offer using any of the following: phone or fax- 612-206-3722; postal mail- 310 Fourth Avenue South, Suite 5010, Minneapolis, MN 55415; email- info@rojaslegal.com; web- www.rojaslegal.com. Disclaimer: Nothing in this response constitutes legal advice or creates an attorney-client relationship. You should always consult with a local attorney regarding your specific legal circumstances. Answers posted on Avvo are intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation about your specific legal issues, with an attorney licensed to practice in your jurisdiction. You should not rely solely upon this website, or other resources which may be linked to an answer in addressing your legal issues. Questions and answers, or other postings to the Avvo site, are not confidential and are not subject to attorney-client privilege. The full Avvo Terms of Use are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of Minnesota and the U.S. District of Minnesota. Any general information I provide about non-Minnesota laws should be verified with an attorney licensed to practice in your state.


  2. You say she fails to communicate however if she does not have overnight visits and they are supervised what is there to communicate about. I'm not being cruel I'm just trying to understand what is going on here. Does your restraining order allow for peaceful communication about the child? If not then she is not allowed to talk to you for any reason. Do you have specific proof that she is abusing drugs at this point in time?

    These are all questions that need to be answered before an informed response can be given. You should contact an attorney in your area, many, such as myself, offer free consultations where all the facts can be laid out.

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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