Can My Ex-Wife Modify Our Child Custody Order?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I was incarcerated in 2005 for attempted murder, during which my wife divorced me. Prior to my incarceration, I was an honorable husband and father. During my incarceration, my mother brought my two daughters to visit every other weekend. Since being released, my ex-wife has filed to raise my child support (which I have no problem with), and she is attempting to control my visitations. She is requesting that I only visit my children in the home of my mother, no overnight visitations, and she is to okay everything that I do with them. Is this something that will stand in court? Since she has filed this I have taken my daughters to dinner, she is allowing me to take them to a hockey game, and I am attending counseling sessions with my youngest daughter, who has been going for the last three years. Do you feel as if due to her already allowing me visitations with my children outside of my mothers house, that she has no leg to stand on with her requests? Should I obtain a lawyer, or is this something I can do on my own?

You may want to retain an attorney regarding your child support and custody matter. The judge will consider several factors when determining the amount of child support to be paid and the allocation of custody. Depending on the nature of your criminal conviction (example – you were convicted of a violent crime) your custody rights may be limited (example – supervised visitation). It is best to consult with an attorney so you can provide him/her with more information about your situation.