Q: My ex filed a motion to modify parenting time for 5 year old and wants 50/50, week on/week off. How can I prevent this?
We attended mediation and weren't able to resolve anything because I feel strongly that more time with his father would not be in our son's best interest (he is an admitted abuser and alcoholic). Since then, I have found another 50/50 plan that I would consider trying, but he won't hear it because I won't discuss it with him on the phone (court order restricts us to Talking Parents only). I am certain that my ex is doing this for reasons that do not include having more time with our son and I was able to tell the court facilitator my side during the ISC because my ex didn't show up. She seemed sympathetic and happy to relay the information to the judge in her report, but I am not confident that the judge will agree and not change the current parenting schedule. If we go to court and the judge does decide to give him 50/50, can I then tell the judge the plan that I found before she chooses a 50/50 schedule for us? Is this something I can put into the Simplified Parenting Plan?
A: In a case like this, you should consider requesting appointment of a CFI (Child and Family investigator) or a PRE (Parental Responsibility Evaluator). That person can do an evaluation of both parties and the child and prepare a report for the judge. Also, you should get a lawyer to help you with this.
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A: You will have the opportunity to respond to your ex's request to modify. I agree with the last answer that a Child and Family Investigator (CFI) can be helpful in this situation to look into the matter and make a recommendation to the Court. The CFI is a neutral and should make an unbiased recommendation.
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