Tuesday, October 16, 2012

HOW CAN I CHANGE MY VISITATION ORDER?

QUESTION: I currently have a court order spelling out the custody and visitation of my two sons with their father (we were never married). We have 5-2-2-5 schedule. Their father is now working nights and sleeps days (often 7 days per week). He now lives in another city (local) than where I live and where the boys attend public school. The order states that when one parent is not avilable to be with the boys during their allotted time the other parent is entitled to have the boys.. Their father is never available to them and the time they should be spending with him they are spending with his mother. Do I have a case to modify the custody/visitation order? Due to the current arrangement I do not receive child support. I want to change the order to a standard custody/visitation order of every other weekend and one week night a week with their dad. I would like to maintain joint legal custody. Can I take this to mediation? I can not afford an attorney again. ============================================== MY RESPONSE: Go to your Superior Court's self-help clinic for assistance by a volunteer attorney in preparing the paperwork needed for you to file an Order to Show Cause to modify Child Custody and to seek Child Support. If your ex-husband earns substantially more than you do, you might be able to find a Family Law Attorney who would prepare and file an OSC for you which would seek Attorney's fees, as well as a modification in Child Custody and Child Support. In order to file an OSC which seeks a modification of Child Custody, you will need to arrange an appointment with the Court Mediator.

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