Modification Question

[barrett21]

What is the name of your state? Tn/Ky

I have a few questions to ask for my husband about getting his court order modified. I have posted most of his case on here before. They first went to court in 2004 but had to go back in 2005. They are scheduled to go back to court in August over transportation issues but my husband was wondering if some other things could be changed on the order also. The other attorney he has was not that good he has hired someone else now. Like for example the 4th of July is scheduled for pick up on the 4th at 10:00am and return on July the 5th at 5:00pm they live over 200 miles apart they meet halfway but that is not much visitation for such a drive do You think a Judge would let that be revised? There are other things also like no medical is mentioned in it and the child has a break from school each year it's like fall break but it's some sort of conference but it is still a week break. Do You think a Judge will hear this or think that it is to soon? We asked the new attorney and he said all he could do is try I just wondered what some of You thought. Thanks!

 

[Zephyr]

the attorney is right, you won't get it if it's not asked for, but the judge can pretty much do as he pleases....so no one can really tell you

 

[barrett21]

True

That is true at least ask for it. My husband is afraid that the Judge will think it is to soon since they set the schedule in 2004 but she wasn't that far away when they set it she has already moved again adding on over 100 more miles, and even though they did go to court over it some of the small things like the 4th did not get mentioned but looking at it now it is alot of driving for such a short period. As far as medical my husband feels it should be worded out in the order so there are no future problems over it and he was supposed to get the conference thing but the attorney worded it as a fall break and she won't let him take it. He just wondered if a Judge would maybe hear it because he was going back over transportation anyways.

 

[barrett21]

Another Question

There is another question my husband wanted me to ask about summer visitation. In his court order it states that each party is to have 16 days summer visitation to give notice on or before April 15th of each year. Well with the way that the parenting plan is set up with cp's weekends and all my husband goes well over a month without seeing his son is that normal? Like for example this year my husband will have his son the weekend of May 5-7 and mom's summer starts May 19th - June 4th my husband will not see his son again until June 16th. Is it normal for a ncp to go so long like that without seeing their child or is there a way to be able to get to see them in between? I know I sound stupid but not really sure on how to word it.

 

[barrett21]

Anyone got any good input?

 

[barrett21]

Okay maybe I am pushing it with the board but I need some input on these situations. I know my husband has an attorney I just wonder if this is something anyone else has went through?

 

[stealth2]

There is another question my husband wanted me to ask about summer visitation. In his court order it states that each party is to have 16 days summer visitation to give notice on or before April 15th of each year. Well with the way that the parenting plan is set up with cp's weekends and all my husband goes well over a month without seeing his son is that normal? Like for example this year my husband will have his son the weekend of May 5-7 and mom's summer starts May 19th - June 4th my husband will not see his son again until June 16th. Is it normal for a ncp to go so long like that without seeing their child or is there a way to be able to get to see them in between? I know I sound stupid but not really sure on how to word it.

Vacation time supercedes regular visitation. So yes, that's how it would work.

 

[barrett21]

Thanks

Thanks. I just hate that he has to go so long without seeing him plus he can't call or write him either because of her Restraining Order she got. He just didn't want his son to feel like he didn't care. I don't understand why they don't let dad have like a normal weekend of mom's that wasn't her vacation time so that he did go so long without seeing him but I guess that would be rude of him to ask for thanks for the input.

 

[stealth2]

He just didn't want his son to feel like he didn't care.

Here's an idea - he could tell the kid that it's going to be time for him to have some time with just Mom, and then it will be his turn to have some time with just Dad. There's no need to make the kid feel Dad doesn't care.

 

[barrett21]

Thanks

Thanks that's a good way to do it. That way he is feeling like he's getting some good alone time with both without feeling like someone's feelings is getting hurt. That is good advice I will tell him and see what he thinks. Thanks!

 

[NCP Dad in TN]

I have no idea if this applies to this particular posters situation, or if all states are different, but for ME...

In 2004 I petitioned the courts to modify who could claim the kids on their taxes. While we were in court, my attorney brought up some other issues that we wanted the judge to hear, but Ex's attorney said NO, that we didn't file for those issues to be heard. So the judge wouldn't hear the concerns.

Now, if my ex and her attorney had permitted the issues to be brought to the table, then the judge WOULD have heard them. But since my ex and her attorney are cut from the same mold, they were being uncooperative. (well, it backfired on them anyway when Ex's attorney wanted to address child support and my attorney stood up and said "Uh, NO, you didn't petition for that." She used the same procedure on them and it was great.

So find out for SURE from your attorney if you can bring up the other issues on that day, or if you must follow some sort of procedure. You don't want to have to go back again.

 

[barrett21]

His new attorney did tell him that he would have to petition the court ahead of time before his court date in August but he said the only downfall was that they had been to court last August and he didn't know if the Judge would hear modifications so soon besides what they were going over the transportation. The last attorney was not that good he just wanted to be paid and that was it he was to busy trying to please her attorney I believe or that's how he seemed, but some things in it are just not good for the distance they live. Like for example I already mentioned this but the 4th of July is the day before at 10:00am until the day of at 5:00pm that's alot of driving for such a short period of time they live over 200 miles apart. There is no mention of medical in the order also and my husband feels that there should be so no future problems hopefully won't arise over it. The last attorney told my husband he was lucky to get two weeks vacation and this one is saying it should have been six weeks because of the distance and he also says my husband shouldn't be doing so much driving so who knows. My husband just hopes the Judge will hear the modifications since he will already be in court and if he petitions ahead of time for them.