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Filing a modification of a court ordered timesharing plan

so i think its about time to do that. in my special journal lol ive recorded almost 20 missed overnights since the C/O became effective 3 months ago. i want to change it so that he has to bring them home Sundays (C/O says Monday at 9 am [our oldest child we have together doesnt go to school til 930] but he brings them home Sundays anyway because his visits have to be supervised and they can't find anyone to supervise the drive home monday mornings)

I'd also like to change the stupid part about supervised visitation ending when they each turn 5. one of them is turning 5 in about 3 weeks and i have knots in my stomach when i think about it. not to mention it's the one he abused! how is he going to be supervised around one (youngest doesnt turn 5 for another year) but not the other? dumbass fucking judge.

but anyway here is my concern.... what if the judge doesn't approve of my modification? then they will be scrambling to follow the C/O to a T. the last thing i want to do is piss off an already unstable family when they have my kids.

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Asked by tnm786 at 10:00 PM on Nov. 20, 2013 in Relationships

Level 43 (159,608 Credits)
Answers (5)
  • OH! and (not that he is paying anyway) these missed overnights should be factored into the child support because the child support is calculated by the number of overnights each of us have them.

    Comment by tnm786 (original poster) at 10:04 PM on Nov. 20, 2013

  • I wish I had my law degree to help you scale this slippery slope. Your best bet would be to talk to a lawyer. There are too many if's in this one to make me feel comfortable offering my opinion.

    I KNOW you want to cut off all contact with him, and I would too if I had to suffer through what you have.

    Answer by Rosehawk at 11:33 PM on Nov. 20, 2013

  • All you can do is try. Explain that maybe during the initial proceedings, emotions were boiling over and now that everyone is calmer, and the plan has been put into practice for a few months, these are the things that are not working, or that do not make sense.

    Answer by PartyGalAnne at 11:49 PM on Nov. 20, 2013

  • I agree with PGA. You may be told that you need to give it a little more time but to record everything. You may get things that work better, at least temporarily since he has no one to supervise him for the Sunday through Monday.
    Suggest that the court consider how unsettling it is for your child to go from his place to yours and then get ready for school and get to school. This has to be very stressful for the child that is expected to have a full productive day of school.
    Go for it.

    Answer by Dardenella at 2:04 AM on Nov. 21, 2013

  • I think a reasonable judge will see your concerns and your journal of actual events and take those things very seriously. You should file, with your notes as exhibits to your Motion.

    I wouldn't allow the supervision to stop either.

    Answer by amazinggrace83 at 12:09 PM on Nov. 21, 2013

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