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Author Topic: Modifying Custody - Substantial Change??!!  (Read 2040 times)


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Modifying Custody - Substantial Change??!!
« on: Aug 08, 2013, 03:11:43 PM »
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


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Re: Modifying Custody - Substantial Change??!!
« Reply #1 on: Aug 08, 2013, 03:35:29 PM »
This is the time to do it as you are reason "child is starting Kindergarten this September and father requests the parenting plan revisited".
Get involved with the school yourself. Get on their mailing list. Go to meet the teacher night. See the schools website for dates/information. See if the teacher has email. Rely on the school for information for now.

Have you asked mom to negotiate with you? If you are close to child's school, you can do every other fri from dismissal at the school (get good wording so the school will allow you to pick up with court order and not have to "ask" mom) until Monday morning back at school. 

Probably going to be harder to get overnight on school nights. Go to school calendar and see when kids are off instead. Get the longer weekends (Lots of monday's off-get wording so when child is off you can keep her). So many longer holidays too now. Not sure your schedule now but they get 4-5 days off for Thanksgiving , 1-2 weeks for x-mas, winter break, spring break...so many so see the school calendar and add days that way maybe instead. 

50/50 is giving when people agree usually and in same school district.

Come up with a plan with school calendar and ask mom where you can fit more days, if she does not agree , file in family court  "change in visitation" papers.


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