Legal Question in Family Law in Missouri
Can my ex-husband take me back to court for more visitation with our son?
My divorce has been finalized for 14-months. My ex-husband has only come around to see my son for about 3 months out of the whole year and is behind on his child support. I left him because he was doing drugs. He said he is going to take me back to court for more visitation. He was going to sign away his rights completely during the divorce, but I did not have anyone there to adopt, and my attorney said the State would not allow that. So he settled for very little child support and visits in my home. Physically I do not think he would harm my son. Emotionally is a different story. A few weeks ago I let my ex-husband take my son for a couple of hours. My son came home barely talking and would not look at his father. I finally got my son to talk to me after his dad left, and he said he had been picking on him. I don't want more child support, but I don't want more visitation either. My son is not even four, and he NEVER asks about his dad or asks to see him. Is there anything I can do to prevent him from getting more visitation?
1 Answer from Attorneys
Re: Can my ex-husband take me back to court for more visitation with our son?
Under Missouri law your ex would have to prove that there were substantial and continuing changes in the circumstances of either you or the minor child and that it would be in the best interest of the minor child for the existing terms of visitation to be modified. Certainly, you should hire an attorney to represent you in Court, and depending upon the facts of the case you may very well prevail. If you are located in the Eastern part of the state, I may be able to offer my services. You may call me for a free telephone consultation at 314-727-2822.