I am a dad of a 22 month old boy. I have a TCO which is 70/30 (me 30). I have every other weekend and 2 overnights during the week, plus we share basic holidays.
I want to go back to the court to modify the custody order - which has been in effect since April 2011. I want to modify it so that we incorporate a parenting plan which will incorporate a step up to 60/40, with us sharing all holidays, including when he starts school, i.e., summer break and winter break. I would rather get this done now, rather than later, because I hear permanent orders are very hard to change. I am in California.
I also have joint legal and physical custody. That's not to say though that it was easy. My wife fought me every step of the way to get sole legal custody with no overnights since she believed our son was too young. However, he is doing wonderfully and is thriving.
I tried to hash all of this out for a settlement agreement but my wife is not agreeing to, so we have a Status Conference scheduled. Our divorce will probably be bifucated so that everything will be settled except for the custody issue.
The questions I have are, can I file a motion to modify the temporary custody order now, even though there is a status conference schedule. I don't have the date yet but it will probably be in 3 or 4 months.
Or should I just wait until the Status Conference and wait and see what the judge does? I heard the judge won't make any orders at a Status Conference.
One other thing - my wife wrote a defamatory blog saying vicious things and that she doesn't want me to have custody, etc., etc. I am not planning to bring it in, but I am wondering if I had to, if I could, or should. I would rather settle amicably, even though she does not want to.
I want to go back to the court to modify the custody order - which has been in effect since April 2011. I want to modify it so that we incorporate a parenting plan which will incorporate a step up to 60/40, with us sharing all holidays, including when he starts school, i.e., summer break and winter break. I would rather get this done now, rather than later, because I hear permanent orders are very hard to change. I am in California.
I also have joint legal and physical custody. That's not to say though that it was easy. My wife fought me every step of the way to get sole legal custody with no overnights since she believed our son was too young. However, he is doing wonderfully and is thriving.
I tried to hash all of this out for a settlement agreement but my wife is not agreeing to, so we have a Status Conference scheduled. Our divorce will probably be bifucated so that everything will be settled except for the custody issue.
The questions I have are, can I file a motion to modify the temporary custody order now, even though there is a status conference schedule. I don't have the date yet but it will probably be in 3 or 4 months.
Or should I just wait until the Status Conference and wait and see what the judge does? I heard the judge won't make any orders at a Status Conference.
One other thing - my wife wrote a defamatory blog saying vicious things and that she doesn't want me to have custody, etc., etc. I am not planning to bring it in, but I am wondering if I had to, if I could, or should. I would rather settle amicably, even though she does not want to.