Q: Should I file for modification of custody? Can my child speak to the judge?
My ex & I divorced 7 years ago. We followed our decree for a bit, but after everything settled, my ex and I never went by the decree & worked out visitation on our own. He became a truck driver is why. Our child would see him & spend the day with him every single time he was available & in town. That flexible visitation schedule has been like that years now. All of the sudden my ex wants to go back to the visitation schedule on the divorce decree and follow it exactly. Our child, who is going on 14, is no longer wanting to go by that schedule. Our child doesn't want the overnights, the extended standard visitation, the full holiday and summer visitations anymore. Our child still wants to see dad, but only for a few hours or to spend a day with him when he is in town. Our child has tried to talk to dad and express feelings. He said he would FORCE and MAKE follow it starting next week. Plus, our child is in so many extra-curriculars now, there is no way that schedule will work.
A:
You can file a motion to modify the terms and conditions for possession and access by the other parent and request temporary orders. It is highly advisable you retain a competent family law attorney in your area to assist you. The attorney will know the judge’s predilections when it comes to such modifications, as your situation is not uncommon.
Until you have a hearing and obtain a ruling, it is advisable to follow the strict terms of your prior custody order. Your situation does not present an emergency, so it will likely be a few weeks before you can have a temporary order hearing.
A: You can file a Motion tp Modify but many judges will not budge on the SPO . Retain a lawyer in your county and get your attorneys opinion on the courts prior rulings on this issue,
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.
