Here is the current situation
A parenting agreement was made shortly after determining paternity in 2007 when the child was a few months old. The agreement was a gradual increase in time to the current visitation which is:
Every other: Friday at 2:30- Sunday at 5:00
Every: Tuesday from 2:30-7:30
I know that in order to try to modify the current court ordered parenting agreement I would have to prove a "substantial and material change in circumstance" and I am looking to know more about what that includes, and what constitutes such a change.
At the time the original agreement was made these were the circumstances:
Mother: Freshmen local community college, later dropped out, lived with and was fully supported by her parents, was dating (19)
Father: Employed full time and a junior in college. Lived in an apartment building was dating (21).
Child was still an infant
Mother and father had only dated for a brief period of time before they became pregnant
Current Circumstances:
Mother: Married with an additional child. Working a full time job. Renting a home.
Father: Married, owns a home. Working a full time job, no additional children.
Child: starting kindergarten this year.
Additional Information:
Mother encouraged child to call her husband Daddy, even after addressing the issue and how it affected the child's perception of who her father is.
Mother purposely keeps father and step mother out of important events. I.e. did not allow participation in birthdays, first day of school, does not regularly share school information with other parent as stated in the agreement.
I want advice on whether this is enough for a court judge to see a substantial change in circumstances. From being in college, working and living in an unstable apartment to being married for 3 years and owning a home seems to be a large amount of change in stability and would warrant a change in custody and visitation times.
I am seeking to get an additional sleepover on the Sundays of my weekend visitation as well as a overnight sometime during the week.
I wish I could have 50/50 custody, but I know that her mother would fight me tooth and nail for it, and I want to try to make this as amicable, but fair, as possible.
Thoughts? THANK YOU
A parenting agreement was made shortly after determining paternity in 2007 when the child was a few months old. The agreement was a gradual increase in time to the current visitation which is:
Every other: Friday at 2:30- Sunday at 5:00
Every: Tuesday from 2:30-7:30
I know that in order to try to modify the current court ordered parenting agreement I would have to prove a "substantial and material change in circumstance" and I am looking to know more about what that includes, and what constitutes such a change.
At the time the original agreement was made these were the circumstances:
Mother: Freshmen local community college, later dropped out, lived with and was fully supported by her parents, was dating (19)
Father: Employed full time and a junior in college. Lived in an apartment building was dating (21).
Child was still an infant
Mother and father had only dated for a brief period of time before they became pregnant
Current Circumstances:
Mother: Married with an additional child. Working a full time job. Renting a home.
Father: Married, owns a home. Working a full time job, no additional children.
Child: starting kindergarten this year.
Additional Information:
Mother encouraged child to call her husband Daddy, even after addressing the issue and how it affected the child's perception of who her father is.
Mother purposely keeps father and step mother out of important events. I.e. did not allow participation in birthdays, first day of school, does not regularly share school information with other parent as stated in the agreement.
I want advice on whether this is enough for a court judge to see a substantial change in circumstances. From being in college, working and living in an unstable apartment to being married for 3 years and owning a home seems to be a large amount of change in stability and would warrant a change in custody and visitation times.
I am seeking to get an additional sleepover on the Sundays of my weekend visitation as well as a overnight sometime during the week.
I wish I could have 50/50 custody, but I know that her mother would fight me tooth and nail for it, and I want to try to make this as amicable, but fair, as possible.
Thoughts? THANK YOU