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Author Topic: How easily can he change our parenting agreement?  (Read 363 times)
momtara
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What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
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« on: August 11, 2013, 09:15:02 PM »

So in mediation we got a pretty good agreement that the judge signed.  Both lawyers had over a week to look at it, neither of us made changes.  It's not perfect but he only has the kids every other weekend for a night, and so they are with me mostly. 

I am wondering how easy it would be for him someday to change it so that he has more visitation with the kids.  Sure, he can go to court whenever he wants, but how easy would it be for him to say "Hey, I am in a better place now" and get more custody? 

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ForeverDad
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You can't reason with the Voice of Unreason...


« Reply #1 on: August 11, 2013, 09:47:45 PM »

A lot depends on your state and court's polices and rules.  I've heard some people say you generally have to wait a year before filing for changes.

He might get longer time on his alternate weekends, might even get time in between (an evening or overnight), but he won't get every weekend.  Since a little extra time won't change his child support amount very much if at all, he may have little incentive to change what is currently working.

I haev a possessive and entitled ex.  I filed to change from Shared Parenting to full custody, it had to start with Change of Circumstances since it affected custody.  It took about a year and a half and in the end I got custody but the GAL didn't want to change from equal parenting time.  The GAL is a lawyer but supposedly the best around.  Problems continued and a little over a year later I filed for modification of parenting time, seeking majority time.  That was over a year ago and with the continuances granted to my ex (3 out of 4 requested so far) it will take at least 15 months total and perhaps longer before the court makes a decision.

When I got custody, I recall the determination also cited case law in my state stating the court does not want a back-and-forth contest where both parents keep saying, "I want another custody change because now I'm the better parent."
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