I'm a single father. Mother has supervised visitation, no overnight stays. She has 4 days, 30 hours of scheduled visitation a week. I have a CLETS Restraining Order against her. Over the last 12 weeks, she has cancelled approximately 56% of her visitation, most at the last minute, for various reasons. She suffers from mental illness (Bipolar, PTSD). She agreed to set days and times in court. I've been more than willing to work with her, but it is becoming an extreme inconvenience, and I'm starting a new job. Is there a suggested time I should wait before returning to court for a modification/ reduction to her visitation? Is this even possible? Will a judge favor her because of her mental illness?
Criminal Defense Attorney
The case is always fact dependent. If she is regularly cancelling her visitation, then you have reasonable evidence that the days and times should be modified. It is creating an imposition on you.