Saturday, August 21, 2010

How hard is it to modify a custody agreement? My son's father and I have a shared parenting?

agreement in which both of us have equal time with him, but I'm doing more of the taking care of him, especially now that he is out of school. When we agreed to this my ex was in school and not working but now that he is and has been for a few years his schedule has changed and he does not have him 50% of the time. Would this be something that's hard to do?How hard is it to modify a custody agreement? My son's father and I have a shared parenting?
It has been established that you share 50/50 custody. It does not matter that he is working and unless you can prove that it is not in the childs best interest you probably can't change the orderHow hard is it to modify a custody agreement? My son's father and I have a shared parenting?
That depends on what state you are in, and the circumstances. It shouldn't be too hard to modify, but seek some legal advice first (I am not a lawyer).





I believe that a custody agreement and child support agreement can be looked at and/or modified every three years in Texas. Good luck with that! I really don't think it will be a big deal as long as the parties agree to the terms of the modification.
First I would try talking to your ex and see if he is agreeable to changing the plan because then you two could go straight to the courts and get it changed without the cost of an attorney. If he is not willing to do it but you insist then I would contact an attorney and go from there.
You would have to petition the court and prove that he's not there 50% of the time. No big deal if you have the time to go thru the court systems and all that.
You need to get back into court. An attorney with experience in family law is what you need to help you develop an agreement.
The difficulty of doing it is going to depend on how resistant your ex is to the modification of the custody agreement.





If your ex is cooperative, then all you would have to do is go to an attorney and state what you would like to have happen and how you want the custody order changed - sign it in court and file the necessary paperwork.





If your ex is NOT cooperative, then that's a whole different ball game. I strongly recommend you get an attorney in this case. You will need to gather together all of your documentation that you have that shows that you have your child more than 50% of the time (the more documentation you have, the better). File a post-judgement ';Motion to Modify'; with the courts that states the exact changes you are requesting, the reasons you are requestiong them, etc. Your ex will be served with this paperwork (either by you or by a sheriff) and will have 21 days to respond (in Maine - may be different where you live). If he does not respond, then he is assumed to be in agreement and the judge can rule with you by default. If he does respond, then so ensues the court stuff to try to work things out.





They will first require that you go to mediation to try to work things out amongst yourselves with the aid of a trained mediator. In our case, we had one mediation, got a Guardian Ad Litem on board (your case does not seem this severe, though) and then had one more mediation. We were able to settle it in the second mediation, but if you are not able to come to an agreement in mediation, you will go to hearing. This is where your documentation and organization will most certainly come in handy. Because if you can show the judge that you are having your child 75% of the time on a regular basis, he is much more likely to just grant that to you than if you did not have evidence to support your claim.





Child custody is a messy situation, and if at all possible, try to keep a working relationship with your ex while still doing what is best for your child.

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