What is the name of your state? California
My fiance and his ex divorced 2 years ago and he received full custody upon his return home from the Army. Since October 2005, they have gone week on, week off with their daughter. They split childcare, and everything was generally pretty amicable. He felt it ok for his daughter to spend more time with her mom. But since January 2007, she has been unemployed, living with 3 other family members in a 2 bedroom condo. When my fiance mentioned returning to the original custody order(she gets every other weekend) since she admitted to being too financially unstable, the ex immediately went to the court and filed for 50/50 and child support. Is my fiance able to return to the original court order? Or when we go to court in May, will the judge see that as breaking a verbal contract? We want the best for his daughter and has he kind of "screwed" himself by giving her more time with her mom? Any help is wonderful!
My fiance and his ex divorced 2 years ago and he received full custody upon his return home from the Army. Since October 2005, they have gone week on, week off with their daughter. They split childcare, and everything was generally pretty amicable. He felt it ok for his daughter to spend more time with her mom. But since January 2007, she has been unemployed, living with 3 other family members in a 2 bedroom condo. When my fiance mentioned returning to the original custody order(she gets every other weekend) since she admitted to being too financially unstable, the ex immediately went to the court and filed for 50/50 and child support. Is my fiance able to return to the original court order? Or when we go to court in May, will the judge see that as breaking a verbal contract? We want the best for his daughter and has he kind of "screwed" himself by giving her more time with her mom? Any help is wonderful!