Court ordered visitation rights need to be changed?
My best friend's mom & husband have full custody of their grandson, Hunter. Her husband's daughter from a previous marriage, neglected & abused her 5month old son (Hunter). Her & her at the time boyfriend(Hunter's father) are/were hooked on heroin, cocaine, weed, suboxen... even throughout her pregnancy. After my best friends mom, discovered the abuse & neglect, she filed for emergency temporary custody, & it was rewarded. Then they went to court in August for full custody & it was awarded. In the court order, the mother & father were awarded visitation rights. The mom hasn't shown up or called since 9/15. 2 warrants out for her arrest. The dad, comes down on his weekends. He lives 3hrs away. However, he doesn't pay child support. He lies about Hunters where-abouts. He is only supposed to be supervised by his Aunt. He's not working, it's believed he's still doing drugs. His girlfriend was just in prison for a heroin charge, and is still on probation. He doesn't supply ANY diapers, wipes, clothes, ect. My friends mom always sends diapers, wipes, clothes, food/drinks. None comes back. He always claims he doesn't have enough money to bring Hunter all the way back, but waits until he's on the way here to do so. It's court ordered he provides transportation here AND back. Hunter always acts different when he comes back & he usually has a diaper rash, or diarrhea.
Our question is: even though it is court ordered for the parents to have visitation, can my friends mom file a motion to change the court order? She wants the dad to come to her house, spend a day in Hunter's comfort zone, then leave. She wants to be around the Dad when he's with Hunter. How can she go about doing this?
- 8 years ago
She could motion the court for a change to the visitation right, but it would have to be demonstrated that the child is not safe with the father/mother. How many times the parents have or haven't visited the son cant affect future visitation. Neither can the current guardians withhold visitation because child support is not being paid. Visitation and child support are independent and withholding visitation for financial reasons is looked upon poorly by the courts.
A contempt motion can be filed against a parent who isn't paying child support. An income assignment can be put on their paycheck or they can be put in jail for failing to pay.
Visitation is separate however.