last attempt at posting from MD

[b1798]

I have seen you give some advice to people so I figured I
would give it a try. We dont really have a messy case other
than, my fiance, the BF wants more time with his daughter, but
the BM will not agree to give it to him becasue her child
support will be cut in half.

(We have her 114 nights a year and
you have to have the child 128 nights a year for shared
physical custody). She makes $75000 a year he makes $50000,
but ours continues to go up as she makes more even though he
makes the same.
Thanks Sunshine

I am not sure who thought of the ssasi-calcwhich MD uses but they were a freakin idiot!! Every child isworth the same they shouldnt get more or less depending on if their parent is rich....for example my friend only receives$23 a week for her son yet we pay $709 a month that is crazy,
both children need the same thing.

Suggestion: even from a female perspective CP should have to prove where the money is sent. All I really want to know is we truly want to
see our girl more. We get 8 days a month with her and we live 10 miles
away, she is 18months old so she is not in school.

We dont have a lot of money but we will sell our house if we have to.

1)will a judge be likely to grant more visitation in our
situation?

2) Neither parent is bad they dont have records or
anything they just cant agree. Is it worth the risk?

[socrateaser]

>1)will a judge be likely to grant more visitation in our
>situation?

Custody issues must be decided independent upon their effect on child support. In order to modify custody you must show that there is a substantial change in circumstances affecting the child(ren)'s best interests. This means that something in the children's lives must have changed since the last custody order was made, and that change must be independent of any changes in the lives of the parents.

Nothing in your facts supports grounds that anything has changed in the children's lives, for bad or for good. And, without the change in circumstances, there will be no custody mod.

Therefore, my answer is "no," a judge will not be likely to grant more visitation in your situation. However, if you can present facts that show something clear and convincing that affects the child(ren)'s interests that has happend since the last custody order was entered, then I might find differently.
>
>2) Neither parent is bad they dont have records or
>anything they just cant agree. Is it worth the risk?

If you mean, is it worth the cost of hiring an attorney to obtain more time with the kids, my answer is no, because based on your facts, it is a certainty that you will lose. You have no case, based on your posted facts, whatsoever to obtain any change in parenting time.

[b1798]

What???
There was never an order in place we have been fighting for the visitation this whole time. The only thing that is written now is a temporary order until the trial. There was never anything to change before we just didnt see her at all b/c BM wouldnt let us so at the pendente lite hearing they set it up for every other weekend and Wednesday overnight. We dont care about the child support, she does we just want more time. But I just want to make sure that you understand we arent taking her BACK to court this is from when we filed a year and a half ago.

[socrateaser]

>What???
>There was never an order in place we have been fighting for
>the visitation this whole time. The only thing that is written
>now is a temporary order until the trial. There was never
>anything to change before we just didnt see her at all b/c BM
>wouldnt let us so at the pendente lite hearing they set it up
>for every other weekend and Wednesday overnight. We dont care
>about the child support, she does we just want more time. But
>I just want to make sure that you understand we arent taking
>her BACK to court this is from when we filed a year and a half
>ago.

I see. Well, the fact that you have never had a final judgment is a pretty important fact that you did not disclose previously, and it changes my analysis completely.

You merely need to show that you are the better parent and that the child's best interests will be better served by your being named primary custodian.

You have stated that there are no particular facts that makes one parent preferrable. If that's really true, then the court has one of two choices: give each parent substantially equal parenting time, or maintain the status quo, whatever it is. So, you still have the burden of providing evidence that will cause the judge to lean in your favor.

I don't know what other facts are involved, so I can't tell you what might convince the judge. All I can tell you is that you must show that the child(ren) will obtain some benefit that cannot be achieved by leaving things status quo.

PS. Your post here violates the mandatory posting guidelines. This is not rocket science -- everyone else has no trouble complying. If you want further help, then you need to decide that you will cooperate and post according to the rules. Thanks in advance.