non custodial parent wants to change parenting plan

[lindseyr]

What is the name of your state (only U.S. law)? washington

I am a single mom of a 2 year old. I have never been married to her dad. She has always lived with me ( me and her dad lived together a couple times ) and she still does live with me. He never would watch her while i went to evening school at college so my mom always had to. we aren't together but he still wants to be together so he thinks of ways to hurt me by saying that he's going to get full custody of our daughter. why would he want to when he never wanted to spend time with her anyways. so about a month ago the court signed my parenting plan ( he was served and never responded ) so she is with me always, except it says in the plan that i designed that he can have her every other sunday. that was a month ago. now he's still mad at me and just told me yesterday that he wants to get joint custody of her. how easy is it for him to change the final parenting plan?

 

[Isis1]

as he isn't excerisisng the existing parenting plan, it might be difficult. however he is well within his rights to request a modification for more visitation.

 

[Ohiogal]

He will have no chance of modifying something from a month ago. Unless he can prove that service was NOT perfected.

 

[thedoctorisin]

however he is well within his rights to request a modification for more visitation.

Doesn't he need to show a change in circumstances?

 

[LdiJ]

Doesn't he need to show a change in circumstances?

Yes, he needs to show a change in circumstance, or show that service was not perfected.

 

[Isis1]

Doesn't he need to show a change in circumstances?

for custody yes.

visitation doesn't run by the same exact rules.

it doesn't mean more visitation will be granted, only he can petition for it. possibily if the dad is somewhat smart, he can ask for a graduated plan in addition to the once a month. from what i have read, giving the CP full power like that causes problems. but then that depends if the dad is really serious about being a dad.

but from what the OP stated, this guy may not even be interested anyway.

 

[LdiJ]

for custody yes.

visitation doesn't run by the same exact rules.

it doesn't mean more visitation will be granted, only he can petition for it. possibily if the dad is somewhat smart, he can ask for a graduated plan in addition to the once a month. from what i have read, giving the CP full power like that causes problems. but then that depends if the dad is really serious about being a dad.

but from what the OP stated, this guy may not even be interested anyway.

I disagree in this instance. The orders were made only a month ago. I have never seen any judge entertain a modification of orders that are only a month old, unless the parent could prove that service was not perfected.