Modifying Parenting Plan Pro Se

[Littlebride]

Soc

We reside in KS and my Dh's boys are 4 and 5 years old. They have joint custody with BM having residential. DH has T and TH nights from 5pm to 8pm and EOW. Holidays are pretty standard but there is no summer visitation or school holiday schedule.

1. In KS in order to change visitation there has to be a change in circumstances, does them maturing meet that standard? The boys were 7 months and 19 months when the current order was set.

2. Here is what KS rules say:
"Material change of circumstances" standard will govern. In a case in which the Court has previously taken evidence and rendered a decision as to custody, residency or parenting time, a "material change of circumstances" must be shown to exist before the Court will consider the requested change.

Sworn testimony and specificity required. A motion to change custody, residency or parenting time, including any proposed change either to or from shared residency, must be accompanied by a proposed parenting plan as required by K.S.A. 60-1607(d). In addition to complying with the provisions of K.S.A. 60-1628(a), any affidavit or verified motion must be specific as to all of the reasons which support the requested change. Failure to provide sworn testimony and the requisite specificity will result in the motion being denied.

How should the affidavit read? That we are asking for this due to their change in age .

3. If we get into this a feel overwhelmed can we stop and hire an attorney with no problem? Or would the court frown upon that?

4. In your opinion should we shoot for the moon, almost 50/50 time, and then negotiate down to what we really want which is 3 weekends a month, 1/2 of spring and winter break, 4  to 6 weeks in summer and T and TH nights as overnights.

Thank you in advance, this is a great site.

[socrateaser]

>1. In KS in order to change visitation there has to be a
>change in circumstances, does them maturing meet that
>standard? The boys were 7 months and 19 months when the
>current order was set.

It's a factor in your favor, but it is not dispositive. My approach is to ask the client to tell the court everything in the child's life that has changed since the last order was made, and then tell the court why the child will benefit from greater time with you. You must frame your statements without regard to YOUR rights, or how much better YOUR life will be, as the court will not concern itself with how you have been or may be affected. Everything you write must be viewed from what you believe is the child's perspective and benefit or harm.

>How should the affidavit read? That we are asking for this due
>to their change in age .

Start by saying what you want to say in your own words. You can edit it later.

>
>3. If we get into this a feel overwhelmed can we stop and hire
>an attorney with no problem? Or would the court frown upon
>that?

The court would prefer that you have counsel, but you're entitled to represent yourself. The only issue that you may confront is if you wait until very close to trial, and then try to retain counsel, because the court may not be willing to continue the matter until the attorney can adequately prepare, and the attorney may refuse to represent you if he/she cannot adequately prepare.

>4. In your opinion should we shoot for the moon, almost 50/50
>time, and then negotiate down to what we really want which is
>3 weekends a month, 1/2 of spring and winter break, 4  to 6
>weeks in summer and T and TH nights as overnights.

You should write your statement for the court and then give it to someone objective and disinterested to read. Ask them to tell you if they were the judge, would they be favorably disposed to grant you more time, and if so, then how much? It doesn't matter if the person is a judge/attorney, because if you can't convince a layperson, you're not gonna convince the court, either.