QUESTION
Can I change my 50/50 custody so that I have my children during the week because my children are falling behind in school?
Asked on Oct 09th, 2017 on Child Custody - Utah
More details to this question:
My ex and I have 50/50 custody every other week we trade off my 5 and 7 year old. My ex has been in an unstable relationship and keeps moving in and out of families homes and switching jobs frequently. My kids are so behind in school because my ex does not work with them on homework and teachers have expressed their worry in this as well. I was to have custody during school weeks, possibly change arrangement to where my ex can have them every other weekend and one night a week. I need to try and get them caught up so we don’t have to hold them back and my ex shows no desire to teach them.
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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Yes you can make this change. The easiest way is if your ex agrees to the change. If he does not, then you need to file a petition to modify. Either way, you will need to create and file a new order showing the new custody arrangement, as well as address the financial issues, such as child support.
Based on what you say, you don't have an attorney. That is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests.
Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
Don't wait any longer, give a call and let's getting working to protect your children.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com
Answered on Oct 10th, 2017 at 9:09 AM