Waiting period to file for modification??

[amyjrn]

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

Is it true that you have to wait 1 year from the time an order is signed by the judge in order to file for a modification to the visitation agreement?

I won't bore you with the details....I hate all the drama!

 

[majomom1]

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

Is it true that you have to wait 1 year from the time an order is signed by the judge in order to file for a modification to the visitation agreement?

I won't bore you with the details....I hate all the drama!

Who told you that? Was it the other parent?

I doubt that is true, but you would need good cause to be seeking a change so soon. Without some details it will be hard for anyone here to say.

 

[Proserpina]

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

Is it true that you have to wait 1 year from the time an order is signed by the judge in order to file for a modification to the visitation agreement?

I won't bore you with the details....I hate all the drama!

What is the change of circumstance? Unless it's major, the judge is likely not going to be impressed wanting to change things so soon after the original order was made.

 

[amyjrn]

We don't want it changed....or should I say dad doesn't want it changed. This is something baby mama is threatening to do.

 

[Proserpina]

We don't want it changed....or should I say dad doesn't want it changed. This is something baby mama is threatening to do.

It's "Mom", amy. Just "Mom".

You could get Dad to come back and explain why MOM wants to change things.

 

[futuredust]

If you're still "shacking up" (your words, not mine) after an order with a no paramour has been signed; mom can take dad to court for contempt. And yes, she can possibly have his visits suspended because he continues to violate the court order. Arkansas courts tend take the no cohabitation clause seriously.

 

[Proserpina]

If you're still "shacking up" (your words, not mine) after an order with a no paramour has been signed; mom can take dad to court for contempt. And yes, she can possibly have his visits suspended because he continues to violate the court order. Arkansas courts tend take the no cohabitation clause seriously.

Oooooooooh that's a most excellent point!

 

[futuredust]

Oooooooooh that's a most excellent point!

I have seen custody changed over the no cohabitation clause. I wouldn't be one to push that envelope in Arkansas if it was on the table.

 

[majomom1]

Um... yea. Not following the CO is definitely a COC and could warrant a modification to visitation and/or custody.

 

[amyjrn]

Yes we are still "shacking up" and since the child has not yet had an overnight visit at our residence (per the phased in schedule) there has been no violation of the visitation agreement. And we will be married prior to her staying here so there is no issue.

Mom has already filed contempt charges on dad as he paid his child support on Dec. 1st but she did not receive the payment until Dec. 3....she filed on Dec. 2nd and had him served when picking up his daughter for a visit.


She has also committed purgery by signing an affidavit stating she did not know dads wear about or any way to contact him when she changed the child's last name. An issue dad did not pursue in the courts when he was made aware in order to keep the peace and stay focused on the child and not at "getting back" at her mother.


She has failed to allow any telephone contact as per the agreement.


Dad does not come on this board to ask advice because he doesn't participate in any type of message board or online community....I though this was an open board where anyone could ask questions and seek advice.


She has made it very clear that if dad does not "get back together with her" that she will "keep him in court for the next 15 years" of which he has the emails and telephone conversations recorded (his lawyer advised him to record them)

She has also stated that she if dad does not comply with her demands (ie the child never having an overnight visit with dad) that she will falsely report that my son has sexually abused their daughter. (have that one recorded too)

All dad wants (and we want since I consider us to be a family unit) is to pay his child support regularly, to be able to see his daughter regularly and have an ongoing relationship with her, and to do so without the drama.

It's getting to the point now where we both realize that is just not going to happen. When is enough enough?

 

[stealth2]

Or... maybe Dad doesn't ask his own questions because he's not as invested in this as OP is:

i was the one who pushed the issue for him to get his visitation in writing.

 

[futuredust]

Yes we are still "shacking up" and since the child has not yet had an overnight visit at our residence (per the phased in schedule) there has been no violation of the visitation agreement. And we will be married prior to her staying here so there is no issue.

Mom has already filed contempt charges on dad as he paid his child support on Dec. 1st but she did not receive the payment until Dec. 3....she filed on Dec. 2nd and had him served when picking up his daughter for a visit.


She has also committed purgery by signing an affidavit stating she did not know dads wear about or any way to contact him when she changed the child's last name. An issue dad did not pursue in the courts when he was made aware in order to keep the peace and stay focused on the child and not at "getting back" at her mother.


She has failed to allow any telephone contact as per the agreement.


Dad does not come on this board to ask advice because he doesn't participate in any type of message board or online community....I though this was an open board where anyone could ask questions and seek advice.


She has made it very clear that if dad does not "get back together with her" that she will "keep him in court for the next 15 years" of which he has the emails and telephone conversations recorded (his lawyer advised him to record them)

She has also stated that she if dad does not comply with her demands (ie the child never having an overnight visit with dad) that she will falsely report that my son has sexually abused their daughter. (have that one recorded too)

All dad wants (and we want since I consider us to be a family unit) is to pay his child support regularly, to be able to see his daughter regularly and have an ongoing relationship with her, and to do so without the drama.

It's getting to the point now where we both realize that is just not going to happen. When is enough enough?

Why is dad not asking his attorney these questions?

 

[stealth2]

Why is dad not asking his attorney these questions?

Because he "doesn't participate in any type of message board or online community". And the "jewels" are buried beneath a load of junk in someone's purse...

 

[amyjrn]

wow...what's with all the negativity? I thought I asked a pretty straight forward question about time frames and modification orders and it turns into "dad not being invested" in his daughter.

 

[Proserpina]

wow...what's with all the negativity? I thought I asked a pretty straight forward question about time frames and modification orders and it turns into "dad not being invested" in his daughter.

Sadly, it is often very telling when a stepparent/partner tells us that s/he, rather than the actual parent, is the one pushing for visitation to be formalized.