How to Change a Visitation Schedule
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Summary
My husband was granted 50/50 custody of my 3 children based on the mediation report. He continuously leaves the kids with me on his days, so he can visit his girlfriend who lives 300 miles away and when he does have he kids he is on call at work or on the phone to his girlfriend. I have been documenting every instance and would like to know if the courts will grant me an order to show cause, so I can revisit the child visitation. |
“My husband was granted 50/50 custody of my 3 children based on the mediation report. The children were ordered to attend the school in which my husband lives in. I have to drive 100 miles a day to take them to school. My children have expressed to their father that they would like to live with me more and attend the schools where I live, but he refuses. He continuously leaves the kids with me on his days, so he can visit his girlfriend who lives 300 miles away and when he does have he kids he is on call at work or on the phone to his girlfriend. My kids are being neglected. I have been documenting every instance and would like to know if the courts will grant me an order to show cause, so I can revisit the child visitation.”
You can file it. It will be up to the judge to determine whether this is enough to change the visitation schedule. You will be much better off with specific allegations (on this date he did this) rather than general allegations (he continuously does this). The second is obviously a LIE. There will be at least one exception, which makes your statement untrue. If there are any untruths on your paperwork, the Court will give you low regard.
You should not write your own paperwork. Though you are at your right to prepare and file your own documents in most family courts, once it is filed, it is there forever. If you have made such exaggerations in the past, consider holding off filing until you have a year or more of new stuff to present to the judge. Keep your own nose clean (i.e. follow EVERY order, all the time even if you do not like to) and give your ex enough rope. Given the background, he’ll eventually hang himself.
Can I Change my Timesharing Arrangement with my Ex if the Situation is Making my Child Miserable?
Can My 12-Year Old Child Decide Whether to Come Visit Me?
What Rights does my Child’s Biological Father have if his Name isn’t on her Birth Certificate and my Ex Husband is?
For more on this subject check out these categories: Family Law, Child Custody, Visitation
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.