Back Story - Feb 2012 me and ex went to court and we agreed on a custody order of me having full physical custody, us both having joint legal custody, and parenting time as we agree. The parenting time that we agreed to was Wed evening through saturday evening, he would have the kids, and saturday evening through Wed evening I would have the kids. We made it as 50/50 as possible.Things were going just fine.
He started asking for extra time, asking if they could stay Saturday night and bring them home some time Sunday, because there would be a birthday party or family function that he wanted to take the kids to. Because I was always 100% cooperative and agreeable with him with it came to the kids, I allowed it. I didn't want the kids to miss out on time with friends and family.
Then one day he asked me if he could take the kids out of state to visit his girlfriend's family over Thanksgiving break. I said no, I don't have any family here, and I am not spending the whole day of Thanksgiving without my kids. He asks me if there is any way that we can compromise. I said ok, you can take the kids to visit your gf's family but you have to come by a day early so that the kids are at least home for Thanksgiving day. That was not good enough for him, because that is not what he wanted.
A week later I get papers in the mail summoning me back to court. He had filed a petition to modify the custody order saying that he had the kids more than 50% of the time and that he had his own residence. He wanted joint custody with alternating holidays and 2 weeks of uninterrupted parenting time. He also filed for a modification of child support claiming that his expenses have gone up.
We went to court on Sept 6, 2012 for both hearings. The child custody hearing was uneventful, we were just given another date to come back. The child support hearing was bad and the judge granted him the modification for child support. There's a lot more to this but I will have to explain it later or this will go on forever! My child support was reduced by almost $200 a month!
Went back to court on Tuesday to finish the child custody petition. I had a lawyer this time (a public defender) and he filed a motion to dismiss and it was granted by the judge!!! She said that my ex failed to show a significant change in circumstance according to the law for her to grant a modification to the current custody order. She told him that it had only been 6 months since the original order was made and we still follow the same parenting time arrangement that we agreed to. That because he asked for extra time with the kids for family functions and holidays does not mean that there was any change in the agreement, that I was being cooperative and putting the best interest of my children first. She told him that he can't do this just because he "WANTS" it, that it's not the way the law works!
I am so happy and ecstatic about this that I had to share it with you ladies!!!
Sorry it's so long! Apparently I am not able to write a short post lol