Legal Question in Family Law in Idaho
Motion to Modify Visitation Order
I need to know if I can file a motion to the court ,ordering visitation, to modify existing visitation due to geographical relacation of custodial parent, and change in circumstance, due to CP working and leaving children ages 15, 13, & 11 year olds alone to care for themselves in a new area away from relatives or friends. Can I do this without having to hire an attorney?
1 Answer from Attorneys
Re: Motion to Modify Visitation Order
I do not practice in your state, so you need to check your state's statute on modification of custody or parenting plan (whichever your state calls it). With that warning, here's my reply:
You can probably act pro se (as your own attorney) when you file a motion. Depending on your state's statutes, the custodial parent (CP) might have to meet certain requirements before relocating with the children to another state or any distance from the noncustodial parent (NCP) that affects visitation. In my state, it's 30 days written notice served personally or by certified mail, and the notice has to include a proposed amended parenting plan. The NCP has time to object to the proposal and to make his or her own proposed parenting plan.
Leaving the children alone is another matter. The court might not modify custody, but might order the CP into some kind of parenting classes. But bear in mind that 13 year olds routinely babysit, so leaving a 13 or 15 year old alone for a while is probably not grounds to modify.