Custody and Visitation

[vinnie]

I am an Illinois father who has joint custody with my x having primary physical custody.  I have visitation with my 12 yr old daughter every Tues., every Thurs., every other weekend (Fri to Sun); the usual holiday arrangements; and 4 uninterupted weeks/yr.  I currently pay the full 20% in child support.  I also provide my daughter's medical, dental, vision, and all un-covered medical, dental, vision.  I pay 100% of all extracirricular activities.  My parents pay for her private school education.  I provide her school uniforms.

1.  Based on the current visitation; and the additional support I provide for my daughter (I also provide her support over 50% of the year based on the current visitation) can I reasonably expect to modify an existing child support order? (My x is preparing to attempt to increase the order).

2. My daughter has openly expressed her desire to change her primary physical residence and for her mother to have limited visitation to every other weekend only (My x's husband is emotionally abusive and my daughter does not want to be around him).  Can I reasonably expect to modify custody and visitation?  

Thank you.  

[stk_agn]

Depending on the laws in your state, the child may be allowed to make a decision on her own. Meaning, she can request to talk to the judge.

In my state (KY) a child has to be 14 yrs of age before a judge will consider them "mature" enough to make a big decision like that.  

Some states don't have an age limit and some states have set the age limit at 12 and up.

You should check into it, find out the age limit, and maybe talk to a lawyer to discuss your options.

[socrateaser]

>1.  Based on the current visitation; and the additional
>support I provide for my daughter (I also provide her support
>over 50% of the year based on the current visitation) can I
>reasonably expect to modify an existing child support order?
>(My x is preparing to attempt to increase the order).

NO. Every penny that you pay for the child over what you are court ordered to pay is legally interpreted as a gift for the child's benefit.

>2. My daughter has openly expressed her desire to change her
>primary physical residence and for her mother to have limited
>visitation to every other weekend only (My x's husband is
>emotionally abusive and my daughter does not want to be around
>him).  Can I reasonably expect to modify custody and
>visitation?  

IF the child wants to move, and she can competently testify to the reasons (abuse) that you describe in your post, then yes, you could probably get a custody change. Otherwise, not.