Going to Court For Modified Custody

dday_throwaway3 · 2023-01-16T13:43:20+00:00

> I attempted to file a contempt charge. That was a waste of time and money.

Because you don't understand contempt. Not following the orders is not in and of itself contempt. Contempt is against the judge. And even then, judges provide people multiple opportunities to get it right. They have wide latitude from the bench.

If you want to be better prepared for court next time regarding the parenting plan she isn't following, then follow these directions: http://forum.mensdivorce.com/viewtopic.php?f=7&t=84944

> If that's right.

In most jurisdictions, there has to be a change in circumstances in order to modify custody. You should start your research there.

CommanderOfCheese45 · 2023-01-16T18:36:06+00:00

Depends on the state, but I'll use mine as an example.

My state allows you to file for modified custody in the following timeframes and circumstances:

If there is a clear and present danger to the children (and you can prove it with clear, unambiguous documentation of harms to the children) then there is no time requirement before filing for modification.
If one parent has not been following the parenting plan and you have sufficient documentation to prove it (i.e. they're not taking anywhere close to the full amount of parenting time) then you can petition to modify the parenting plan as early as six months after the previous one was recorded.
Otherwise, regardless of circumstance you can always file for a modification of the parenting plan after a year.

Now filing for a modification doesn't mean it'll be granted. Usually they like to keep things the way they are -- but if she's not following the orders, that's a pretty good reason for the court to accept a modification.

I'm actually preparing to file a modification of custody myself. My ex-wife, simply put, hasn't been really taking her parenting time, and during her parenting time she's pretty kooky in a way that hurts the children emotionally and psychologically.

captainchippsixx · 2023-01-16T18:14:17+00:00

I can only say it’s fuckjng very important to use your court manners. Good morning your honor, yes your honor. Do not interrupt anyone. Wait for your turn. If you need to ask something. Your honor, I would like to respond to that. Judges like hard evidence. So any issues you have…. Have texts, emails, videos, paperwork, calendar log of events etc all ready to go and 3 copies. One for you and one for the judge. You might be asked to give one to the ex for memory refresher. If you have some counter information to the ex bs, wait for your turn. “ Your honor I have evidence that counters her claim.”

FunkyTownMascot · 2023-01-16T05:39:00+00:00

What are you looking to modify?

upvotersfortruth · 2023-01-16T10:36:03+00:00

When was the initial order entered?

Title	Going to Court For Modified Custody
Author	Boomer70770
Upvotes	3
Comments	17
Date	January 16, 2023 4:56 AM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/10d5j5s/going_to_court_for_modified_custody/
Archive Link	https://theredarchive.com/r/Divorce_Men/going-to-court-for-modified-custody.1148115 https://theredarchive.com/post/1148115

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