Should I go back to court for visitation modification

Asked over 1 year ago - 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 I had a lawyer, who has since withdrawn from the case.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. James Louis Miller

    Contributor Level 16

    Answered . 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... more
  2. Sara Marie Grant Rojas

    Contributor Level 13


    Lawyer agrees

    Answered . 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... more

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