Change in circumstance (help)

[superdad01]

Ok recently I was talking to adam (lawyers) and they mentioned with me being laid off from my job as well as other personal circumstances he thought I would have a good opportunity to get more overnights with child and infact qualify for the shared parenting, with 128 overnights.

When I counsulted another attorney very briefly he told me that the change in circumstance law was very clear that it had to be on the mothers end for any attempt to change custody... He said save your money... My mind was blown

can you get the required number of overnights without changing the title of custody etc. Seems to me all the trouble comes up when the terms joint and sole custody come up. Just leave mother with primary yet I have the child 1/2 the time?

Also I recieved a letter from the school the other day.... MY daughter is missing a ton of school. Mother is playing games and refuses to have a conversation with me about anything. I was hoping this report from the school could be used as ammo to help me.

8 days missed first marking period
4 days missed 2nd period and 2 tardies

The letter I just recieved said my daughter had accumulated 6 unexcused absences this year.... this is the first written warning. School policy is 15 unexcused absences and paperwork is filed with the courts. Also goes to say your child is devolping attendance and work habbits that will now transfer into a chosen occupation in the years ahead.... Geez that kinda sounds like her mom... go figure!!!

[Kitty C.]

What does the school file with the court when a child has 15 unexcused absences?  it sounds bad, but if worse comes to worse, you may have to let it get that bad before any major change can take place.

And personally, I think the second atty. you spoke with was off base, too.  The 'change in circumstance' must apply to the CHILD, not either parent.  If something is going on that is detrimentally effecting the child, then that can be considered a change in circumstance.  The atty. may have mentioned mom only because so many mothers have primary custody, so anything affecting the child most likely would be happening there.

But the problem with 'change of circumstance' is that it is still up to the court (and can differ between judges as well) as to whether they deem it significant to act on it.

The thing with the overnights is just as much a crap shoot as anything else you would petition the court for.  I certainly wouldn't rely on one atty's opinion over another.

[4honor]

Clarification re change in circumstances:

It must be a change in the circumstances of the Child(ren) or the non-moving parent. If you make a motion, it has to be the other person's change in circumstances or the child's circumstances... except in the case of CS where there is a loss in the payor's income.

The change in the child's circumstances must be MORE detrimental to the child than moving a child from one home to another. It is a hard threshhold  to meet, and leaves a judge a heck of a lot of leeway to ingnore you even if you have a good reason  to request a complete change in custody.

Depending on the state you are in, you may be able to increase the number of overnights by sometimes as much as 2 more per month without having to have a change in circumstances. It isn't much, but I hear one can eat an elephant if it is done a bite at a time.

Please note, I am not an attorney. The information I have extended to you is the same information given to me or family members for at least 3 separate states for similar situations. I suggest you find the family law statutues/laws for your state (most are online these days) and read them. Get an idea what they say and ask an attorney for clarifications of anything you think apllies to you AND would benefit you.

4Honor
Just about done with CS -- in time for DH to get home from Iraq.