modification of custody

[chronicle]

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

This is my second time asking about a modification.

The original CO was only issued in March, however it was based on an existing signed SA from 2/2009, which included a specific 50/50 schedule.

Since February of 2010, we have been continuing 50/50, but with a completely different schedule (one that works much better for the kids). So my plan was that once we saw that the new set-up was working, Ex and I would take the new schedules to my atty, and she would submit them as a modification with both our signatures in agreement (mine and the ex's).

Now- as the Ex does from time to time, he is refusing to speak to me- respond to call/emails. So, if I want to get the current schedule that we agreed to via email incorporated into the CO, do I need to file for a modification? And can I even do that when the only change is tha we agreed to do it?

I know that isn't the most coherent question- help is appreciated.

 

[LdiJ]

I would wait until you have been doing the new schedule for six months. At that point you will have status quo on your side, in case your ex decides to be difficult.

At that point you would file a motion to modify the parenting schedule to XXX, based on the fact that you have been practising that schedule since XXX date.

 

[chronicle]

Thank you. Makes sense.

 

[chronicle]

Posting a new development/question to my existing thread on this subject:

How long does a custody schedule (that was agreed to via email by both parents, but differs from the court custody order) need to be in place before it is considered the status quo?

The agreed-to schedule we have been using for 5 months has been working well for the child (though that’s my opinion- I have no way to PROVE that- it’s my observation of how kiddo is doing) Now the ex- who refused to sign court modification papers making the changed schedule a part of the CO- is wanting to change the schedule due to a new job.

Reasons I do not want to change: 1. He doesn’t know what the schedule will be for the job, and wants to be able to change the schedule “whenevr he feels like it” (his words) 2. The last 5 months have seemed to work well for the child, and certainly for me, and (I thought) for the ex as well.

So my question is- if he proposes a schedule I cannot agree with, and I say “no” to it, can he force us back to the original CO schedule, or does the fact that we’ve had this new schedule in place for 5 months make THAT the default? (Both original CO schedule, and the 5-month old schedule are 50/50)

 

[milspecgirl]

see what his schedule is. if you can't agree to it- go to court to get the one you are using made permanent.