If you are seeking a modification where you are going from every other weekend parenting time to equal parenting time, you are going to have to put on a significant amount of evidence at trial in March 2012 to show a change, as significant as to what you are asking, is in your child's best interest. When looking at what is in your child's best interest, obtaining evidence that your child's father has not offered your child a stable environment is going to be key. You are going to want to have your child's father, through his attorney, answer a series of questions (called interrogatories) to obtain the information that you need. You are also going to want to make a request for discovery (documents and evidence) to the attorney to prove up your case. Examples of what you are going to want to request are: medical records for your child (has your child been seen for regular check ups by the same group of doctors?), proof/information about where your child has been living over the last 4 years (how many apartments/homes has your child been moved to and from in the past?), and also request the school records from your child's father as well (attendance at every school she has attended, as well as grades). Once you get these requests to the attorney, your child's father will have 45 days to answer any questions that you have for him as well as provide the requested documents. You may want to see a certified document preparer to help you with putting together the request or see if the Superior Court website (depending on what county you live in) can assist with the paperwork to request the answers/documents.
*Please note that this answer is merely advisory in nature and does not create an attorney-client relationship with either Laura B. Monte, Esq. or the law firm of Donaldson Stewart, P.C.*
*Laura B. Monte, Esq. is NOT a certified specialist in family law.
Answered on Nov 22nd, 2011 at 1:04 PM