The quick answer is that if abuse and neglect was not litigated in the prior action, it can be brought up. Unfortunately, it's rarely that simple.
If you file an action to modify your parenting plan and make the allegation of abuse or neglect AND the judge feels that your allegations are sufficiently serious to warrant the appointment of a guardian ad litem for your child, he or she will do that. A guardian ad litem is an attorney for the child and is tasked with determining what, if any, abuse or neglect has occurred and, if it has occurred, how likely is it to impact the minor child.
Since you already have a parenting plan that at least begins with supervised visits, you may want to consult with an attorney in your area to find out what the position of the judges in Ozark County is with regard to your issues regarding your child. And be prepared because you may need to let your ex-husband begin the visitation plan to find out how the relationship goes between your ex-husband and your child so that you can have current information to bring to the courts and your attorney.
Divorce Parenting plans and divorce Divorce decree Child custody Child neglect and custody Domestic violence and child custody Family court and child custody cases Divorce and family Domestic violence and criminal charges Visitation rights in child custody agreements Family law Child abuse Guardian ad litem Domestic violence and family law Parenting plan
Sign up to receive a 3-part series of useful information and advice about child custody law.