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Can I stop a visitation order immediately and file to stop visits if my child is not comfortable going?
Anonymous3 views2 answers
My child has weekend visitation with her grandparents and eye on contact visitation with the mother while she is with the grandparents. The pass 2 weekend visits her mother has past out in front of her and she was scared and contacted me. She was told she cannot contact me if anything happens there, that what happens in there house stays in there house. Now she does not feel comfortable and does not want to spend the night at her grandparents anymore. Her mother is known to be on and off drugs and she does not want to see her mother until she gets better.
It sounds like the child's mother has supervised visitation by the maternal grandparents. If they are not properly supervising and/or your child does not feel safe or want to go you need to petition or seek a modification of the current visitation order. If your child has an attorney you should contact the attorney to arrange for your daughter to speak with or see the attorney.
If you deny visitation, the burden is on you to show that there was a valid reason to do so and that it is usually a big chance to take. I don't know how old the child is or whether she will say what she has told you to her attorney. So, it is always best to immediately file for the modification so it does not look as though you are disregarding the court order. You should consult with an experienced matrimonial attorney who will be better able to guide you as they will have more information then what you can provide on this site.
You need to file an Order to Show Cause to request an order to stop the visits. You should consult with an attorney about assistance with filing of the Order to Show Cause and about what may happen if you violate the order of visitation until a new order is signed.
