Second try,How many things does it take...

[ProSeDadinMD]

What is the name of your state? MD
...to be considered a “substantial change of circumstance”?

At the time of our last agreement, …she … lived in another county, about 45 minutes away. She has since moved to within a mile of me, and we are both within a mile of both daycare and school. We are going for our scheduling hearing on 1/19(I filed for a “clarification” of our current agreement, and …she … has expressed her intent to request a change removing my weeknight overnights), and I am wondering if that would be enough justification for a judge/master to consider a change to 50/50 from the 65/35 we have now. As it stands now, I don’t get to be Dad more than 3 days in a row, and I would love to spend more time with my daughter. Thanks...

 

[Zephyr]

you can certainly ask for 50/50, just like she is asking to reduce your time....the fact that you all and school are now so close I think would weigh more in favor of your request than hers...

 

[seniorjudge]

What is the name of your state? MD
...to be considered a “substantial change of circumstance”?

At the time of our last agreement, …she … lived in another county, about 45 minutes away. She has since moved to within a mile of me, and we are both within a mile of both daycare and school. We are going for our scheduling hearing on 1/19(I filed for a “clarification” of our current agreement, and …she … has expressed her intent to request a change removing my weeknight overnights), and I am wondering if that would be enough justification for a judge/master to consider a change to 50/50 from the 65/35 we have now. As it stands now, I don’t get to be Dad more than 3 days in a row, and I would love to spend more time with my daughter. Thanks...

https://forum.freeadvice.com/showthread.php?t=346977

keep this in your original thread

 

[fairisfair]

https://forum.freeadvice.com/showthread.php?t=346977

keep this in your original thread

I think he tried that judge. Not sure what happened but I did see it attached to the original thread yesterday after you told him to do so.

 

[casa]

What is the name of your state? MD
...to be considered a “substantial change of circumstance”?

At the time of our last agreement, …she … lived in another county, about 45 minutes away. She has since moved to within a mile of me, and we are both within a mile of both daycare and school. We are going for our scheduling hearing on 1/19(I filed for a “clarification” of our current agreement, and …she … has expressed her intent to request a change removing my weeknight overnights), and I am wondering if that would be enough justification for a judge/master to consider a change to 50/50 from the 65/35 we have now. As it stands now, I don’t get to be Dad more than 3 days in a row, and I would love to spend more time with my daughter. Thanks...

She can request whatever she wants...but a judge won't reduce your Parenting Time unless there is a reason. (ie; child late to school excessively on your days, abuse, crime, etc. etc.)

However, Your request would more likely to be granted...since you are all living equally close to one another & a 50/50 would be a simple jump from a 65/35.

 

[ProSeDadinMD]

She can request whatever she wants...but a judge won't reduce your Parenting Time unless there is a reason. (ie; child late to school excessively on your days, abuse, crime, etc. etc.)

However, Your request would more likely to be granted...since you are all living equally close to one another & a 50/50 would be a simple jump from a 65/35.

Absolutely no reason to reduce. She's late a couple of times a month with ...her ..., and maybe 3 times in 3 years with me. No abuse or crime, or etc, etc, for that matter .

And judge, I did what you said and got 0 responses.

Now, a second question. I had originally filed to add the "normal" things that were missing from our most recent agreement, such as vacation, make-up days, holidays, etc. Should I be prepared to file an amended petition on Friday or file an amendment prior to the hearing?

 

[casa]

Absolutely no reason to reduce. She's late a couple of times a month with ...her ..., and maybe 3 times in 3 years with me. No abuse or crime, or etc, etc, for that matter .

And judge, I did what you said and got 0 responses.

Now, a second question. I had originally filed to add the "normal" things that were missing from our most recent agreement, such as vacation, make-up days, holidays, etc. Should I be prepared to file an amended petition on Friday or file an amendment prior to the hearing?

I would take a MD Parenting Plan outline and go over each thing, to make sure you are including everything you need to. DO NOT use this opportunity to ask for anything/everything...just the most relevant things, or it won't be able to be handled as quickly.

I am not sure about MD guidelines for filing/service...so you'll have to check your state codes online re; that.

I'm confused about the sentence: And judge, "I did what you said and got 0 responses." Are you writing as if you are speaking to the judge?? And what is it you did and got zero responses??

 

[ProSeDadinMD]

My judge response was to "seniorjudge", who asked me to move this thread/question...

All my petition asks for is what was in our original agreement, then was not included in the second agreement, although we agreed on them beforehand.

But if I want to change to 50/50, should I wait to amend that untill we are actually at our hearing, or do it before hand. I would prefer not to "reset the clock", so to speak.

 

[waitinMd]

Can I ask what county you live in?

 

[casa]

My judge response was to "seniorjudge", who asked me to move this thread/question...

All my petition asks for is what was in our original agreement, then was not included in the second agreement, although we agreed on them beforehand.

But if I want to change to 50/50, should I wait to amend that untill we are actually at our hearing, or do it before hand. I would prefer not to "reset the clock", so to speak.

OK, then your dealing with a clarification/verbiage issue re; your Court Order right now. That means if you want to address a 'New' issue then you'll have to do the proper filing for it. Unfortunately, as I said, MD is not the state I can/should direct you in. You need to either contact the clerk of the court for rules of filing, etc., a local law library, or perhaps someone familiar with MD law in particular will view this thread.

You MAY consider just following through with this current process, then filing to increase parenting time at a later date. (BTW- How long have you & X been living in the same area again??)

 

[ProSeDadinMD]

waitinMD: Montgomery County

casa: 3yrs. I am aware, now, that I could have done this a long time ago. I can only say that I wish that I had known sooner.

 

[casa]

waitinMD: Montgomery County

casa: 3yrs. I am aware, now, that I could have done this a long time ago. I can only say that I wish that I had known sooner.

OK, that's plenty of time to establish you both are committed to staying in that proximity of one another. You'll have a decent chance at jumping from 65/35 to 50/50 or at least 55/45.

 

[waitinMd]

your county is one of the ones that usually approve the 50/50 split custody. There are several Maryland counties that favor the mother.

Montgomery county participtes in Fathers programs and believe in shared parenting.
http://www.gocrc.com/

You can the DHR for Maryland and click on Fathers Initiatives, go from there.....

 

[ProSeDadinMD]

waitinMD, thanks for the link.

Since the current petition that we will be attending court for on friday does not indicate anything about 50/50, or any other major change in custody, should I be prepared to amend that when we go to the hearing, or do it beforehand? My fear is that doing it first will start the whole process over again.

Thanks again for all the replies.

 

[ProSeDadinMD]

waitinMD, thanks for the link.

Since the current petition that we will be attending court for on friday does not indicate anything about 50/50, or any other major change in custody, should I be prepared to amend that when we go to the hearing, or do it beforehand? My fear is that doing it first will start the whole process over again.

Thanks again for all the replies.

Bump...

Any thoughts on this question?