Messages

Dear Socrateaser,

Thank you for your quick and thorough response.  

I don't think that I'd ever be able to demonstrate an inability to pay legal fees (or qualify for legal aid) because, fortunately, my circumstances are not that dire.  I just hate the thought of using all of my disposable income (which would otherwise be available to spend on/saved for my daughter) to fight legal battles with the NCP for the next 17 years.  I thought that if there was a real possibility that he would have to pay my fees, he'd think twice about abusing the judicial system.  He is a very litigious and bitter man and I know that regardless of the outcome of this case (and the next one, and the one after that), he will always have another grievance to air.

Thanks again,

Mellie.

Dear Socrateaser,

I am the CP of a 14 month old girl.  NCP and I were never married and have not been together since very early in my pregnancy.  NCP's paternity has been established.

Approximately 7 months ago, NCP and I agreed to a parenting plan after attending court ordered mediation.  The plan was entered as a court order in Pennsylvania where all parties reside.

The court order, which I believe provides more than typical visitation between my daughter and NCP, has been complied with by both parties.  

NCP has become increasingly hostile towards me over the course of the last several months (I believe that he thinks that the court-determined child support he has to pay is too much and is impacting his lifestyle).  NCP is now seeking to modify the parenting plan to provide for significantly more parenting time for him (including many more overnights), which I object to.  At the time of the plan last summer, I agreed to more parenting time than I was initially inclined to because I envisioned the plan remaining in effect for some time and did not want to have to deal with courts and attorneys and mediators for a long while.

Questions:

1)  Is it likely that the courts would modify a parenting plan so soon after it was entered into, particularly when there have been no changes in circumstances of the parties?

2)  In the event that the court rejects the request for modification, is it likely/possible that NCP could be ordered to pay my legal fees?  He is represented by a relative so his legal manuevers (of which there were plenty in the first several months of my daughter's life) are far less expensive for him than they are for me.  I'm afraid if he doesn't have the threat of paying my legal fees as well as his own (if he is even charged by his attorney), I'm going to be regulary hauled back into court over the course of the next 17 years.

Thank you in advance for considering my questions.