Q: Is a custody modification likely?
My ex and I divorced 6 years ago, our child was 2 at the time. She got physical custody and I got a standard visitation schedule with joint legal custody.
In February of this she began allowing our child to spend every other week with me which continued through the summer. When school started I asked if we would be continuing our “new” schedule and she told me it was never a new schedule and I should have been happy she gave me any “extra” time. Since that conversation she has blocked my number, except to send me argumentative text messages, effectively blocking my communication/access to my child outside of my court ordered visitation time.
There have been multiple other issues with her refusal to co-parent in the past but never to this extent. We live in the same community, provide similar stability, and I have always participated in my child’s life. (Visitation, school activities, P/T meetings etc.)
Do I gave a case for requesting joint physical custody or more visitation?
A: As with most legal questions the answer is usually … depends. When it comes to custody/more visitation there usually needs to be a significant change in order to modify. However, based on the few details that you provided, she has shown an acceptance to allowing more visitation in which that would be hard for her to argue against. You should sit down with a family law attorney and discuss a motion to modify. During that interview, the attorney can gather some more information and steer you the exact way you need to proceed. In the meantime, you must follow the guidelines of the court order, but likewise, your ex must follow it also, and if she denies you visitation, then you can file motion to enforce.
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