How can I get my wife’s visitation schedule modified?

I have full legal and physical custody of our daughter. My ex does not pay child support. She has visitation 3 times a year and I must pay for 1/2 of her the plane fair. She refuses to allow our autistic child to go to summer school, as it interferes with her summer visitation. My daughter regresses in her care, which has an adverse effect on her education. I can’t afford to continue paying for plane tickets 3 times a year, and I want my daughter’s education to come first. I can’t afford an attorney, I’m spending all my money paying for plane tickets.

Asked on September 15, 2010 under Family Law, Minnesota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

At the court where your case was originally filed, obtain forms from the court clerk for an Order to Show Cause (OSC) for modification of visitation.  The forms should include an application for an order and supporting declaration.  Complete the forms and write your supporting declaration (the facts supporting your modification of visitation).  File the forms with the court and include a proof of service.  When you file the forms with the court, the court will set a date for the hearing.  Mail the forms with the proof of service to your ex-wife so that she has notice of the hearing.  You can obtain a form from the court for your proof of service or you can write your own.  If you write your own, it should just say that the attached documents were sent via first class mail to ______ (name of your ex-wife) at ______ (address) on ______ (date) and that the person signing the proof of service is at least 18.  Include a statement that the proof of service is being signed under penalty of perjury.  Sign and date the proof of service.  The date of mailing and date the proof of service is signed should be the same and also should be the same date the documents are filed with the court.  Since your ex-wife is out of the area, the court might allow her to participate in the hearing by telephone.


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