Q: My ex has our 12-year-old daughter in OK. I moved to Texas to be with my husband as he is deployed here for the USAF.
Instead of moving her from everything she knows, I have allowed her to stay there with her father. I speak to her daily, video chat, and visit 1-2 times each month.
Our custody agreement is old and outdated. Her father has recently begun a trend of not responding to occasional questions regarding our daughter, one of the latest being about whether or not he scheduled her dental appointment so I can get her set up for braces. Another question that went unanswered was whether or not he can meet me halfway to pick her up from me during Spring Break. My husband and I usually make the full trip, but I am 5 months pregnant so longer car trips are getting more uncomfortable. He has completely ignored the request.
I am frustrated because everything was going well. The flexibility has been great. Being pregnant and all, I'd rather have as little stress as possible and I don't want to deal with a major legal battle right now. Is a modification to our 50/50 order what I need to seek out?
A: You can file a modification but from what you are saying you may not meet the significant change standard required to get the modification. Depending on the wording of your previous custody order you may be better with a motion to enforce if there is something that is not being adhered too. Contact a family law attorney to help you through this because your details will determine the best course of action.
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