Q: I have to children with unmarried partner, age 13 and 15. in 2020, we obtained custody order, 50/50 joint custody,
child support set to 0, claim one child each for tax return. The children lived with me (the mother) full time prior to the order. However, after we obtained the order (per father's request), the father decide on day one of his day that he could not care for the children and have them on every other weakened even thorough the kids summer break. I want the children to be with me as it has always been. I would like to modify order to have the children with me full time and with the father on every other weekend since that is how it has been despite the order. I asked the father to not to write off one or ours children's on tax sink he does not have any of them as court ordered but he has been refusing. I would like to modify the order on that matter too. Father reefed to pay 1/2 of the childrenite expense or child support, saying it is court order to have them 50/50 and child support was set to 0. even he haver have them expect every other weakened.
A:
You have the right to seek a modification of the custody order if there has been a significant change in circumstances that warrants a new arrangement. Given the father's lack of involvement as per the court order and the children residing with you full-time, you may request to modify the custody agreement to reflect the current living situation. Additionally, you may seek modifications regarding tax exemptions and child support to align with the new custody arrangement. It is advisable to consult with an attorney to properly prepare and file a modification request in court.
Sincerely,
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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