My son has spinal muscular atrophy and is confined to a bed or wheelchair. He requires feeding tubes.
I have visitation with him on Sundays at my ex-wife’s discretion. However, she recently called the police on me while I was at their home during one of my visitations.
I don’t want to go back to her home and am wondering what I can do to get visitations set up while not in her presence. I’d also be interested in having nursing hours with him, but she takes all of those hours now.
How can I get visitation with my son without her being in the home or present?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
Typically, courts require that there is a material change in circumstances and a showing that a modification is in the best interest of the child before a modification of the parenting plan is ordered.
It will probably be your burden to prove both. An attorney licensed in your state would be able to best determine whether you have grounds to file for a modification.
In your case, you may be able to prove a) that the plan allows for a deviation from what you are currently doing with visitation or b) that your visitation is being infringed upon by the mother’s actions in calling the police, at which time there may also be grounds for asking the court to hold the mother in contempt.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.