Q: What Circumstances will need to be provided to justify a modification of the current Parental Plan and custody ?
Ex-Wife and I have a 12 year old Son. We have joint parental responsibility but she has primary custody. My visitation is currently every other weekend and two weeks over the summer. There have never been issues over this, in fact she allows him much more time than this with me. He is getting to an age where she is finding it harder and harder to discipline the child etc.....We have discussed his moving to my home and our parental roles reversing but do not know exactly how to proceed or what will have to be provided as the "Circumstances" that would warrant a change by the court of the original parental agreement ? Nothing major has happened other than the fact that the we both feel I would be better suited as the father to raise the male child as he is now getting older and into his teen years. The child also wants to come live with me as the father so would his input at the age of 12 carry any weight ?
A: The child's choice does not carry much weight. It sounds like you might be able to come to a solid agreement to modify and have the court enter an order based upon the written agreement. Go see a family attorney about this in your area.
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