Asked in Family Law for Missouri

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.

Related Topics:
1 Lawyer Answer
Christopher Fink
Christopher Fink
  • Kansas City, MO
  • Licensed in Missouri

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.