Every time my son comes back from parenting time with his mother he is a complete mess, i.e. dirty clothes, not properly fed, verbal skills are diminished, etc.
I don’t want my young son’s growth impeded by his mother’s horrid parenting style.
Do we have reasonable cause to deny her visitation the next time she attempts to exercise her parenting time?
I am not licensed to practice law in your state so I cannot offer legal advice on divorce. However, I can give you a general answer that may be helpful to you.
You cannot deny visitation without a court order changing the visitation schedule.
In the state I practice in (Illinois), if you deny visitation without a court order changing the visitation, you can be held in contempt of court, and even face criminal liability under the Illinois Visitation Interference Law.
In order to change the current visitation schedule, you will need to go to court to modify the order. If you can show that the visitation poses an imminent danger to the child – for example that the other parent is physically or emotionally abusing or neglecting the child – you should be able to get into court on an emergency basis to resolve the issue almost immediately.
If you are unable to show that the visitation poses an imminent danger to the child, you may still be able to modify the visitation schedule. However, you may not be able to do so before the next scheduled visitation if it is soon.
In order to modify the visitation schedule, you will need to show that there has been a substantial change in the circumstances of the child or the parents since the time that the original order was entered and that the modification of visitation is in the best interest of the child.
You should contact a qualified domestic relations law firm, such as Cordell & Cordell, as soon as possible to discuss your options for modifying the visitation schedule. I also suggest you seek advice in our divorce forum from fellow divorced dads.