How to change a divorce agreement regarding visitation?

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How to change a divorce agreement regarding visitation?

My daughter divorced 3 years ago from a court admitted drug user. She agreed to things like delivering the children to supervised visitationon the assumption that he would eventually test clean. To date, this has not happened. She no longer has the want, money or ability to drive 75 miles to do this. Can she just stop? Or is a new court agreement necessary and how can one be created quickly and inexpensively?

Asked on September 30, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your daughter's situation.  And while I surely understand just how exhausted and frustrated that she may be, she can not just stop abiding by the agreement which was probably part of the court order regarding visitation.  Given the condition of her ex husband - being a drug addict and all - I would not recommend entering in to any agreement with him unless he is represented by an attorney.  Otherwise, I would go back to court and request a modification of the agreement based upon the reasons as set forth here.  The problem I see is that you said the agreement was based upon her "assumption" rather than his being clean being a condition that had to be met.  So she needs to place this with the court.  Good luck. 


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