Q: My ex-husband and I have had an agreement in place for about a year with our now 2 year old son. I need too change it.
He has been so inconsistent that my 2 year old barely even knows him and his current wife. At least 6 months of 2018 he didnt even get him for visits not even a call too see how he was doing. In our agreement we are supppose to switch years on who claims him for the tax year, given he does as he is suppose too. He doesnt pay child support, he doesn't take care of him at all except the weekends he has him which is suppose to be every other weekend but he has not even done that really for at least 6 months. Is this possible too change or overturn. He only has started his visits again due to it being tax season and it is traumatizing my son because he has to go with these strangers. He sobs because he doesnt want to go.
A: Yes you can have the court modify the existing judgment so long as there is a change in circumstances that is substantial and continuing. In order to do have a Judge consider changing the existing plan, you'll need to file a Motion to Modify. But it will take time to get a trial date and go through the litigation process.
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