QUESTION
Can we change our custody agreement if my ex is taking me for custody contempt? How?
Asked on May 11th, 2015 on Child Custody - Washington
More details to this question:
My child's mother is taking me to court for a Custody Contempt Conference, which I have yet to receive ANY notification on this court date. She has Primary Custody of him, and our order states that I am to have visitation 3 weekends a month. For the last year I have been taking our child Wednesday through Monday every week. Last month we verbally changed it so she would have more time. A week ago, she called to change it again so she can work more. Now she's taking me to court to try and keep the original custody agreement. Can we change it to what we've been following for the last year, or do we need to set another court date up since it is for Custody Contempt and NOT Custody Modification? Also, what are the chances that we will get to keep the schedule we've been following for the last year?
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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This does not sound like a Wisconsin law question. I suggest you ask the question again, directing it to the State where you live. (The laws in each State differ to some degree.)
Answered on May 12th, 2015 at 9:53 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I already addressed this question. It's time to get a lawyer.
Answered on May 11th, 2015 at 6:20 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Your question doesn't make sense. If the mother filed a motion for contempt, she has to allege that you did something that violated the parenting plan. She can't go to court simply to keep what is already the law of the case (the parenting plan). If you want to change it, you have to file a modification based on the practices of the last year, since that constitutes a change of circumstances. I suggest you get a lawyer since you are obviously confused.
Answered on May 11th, 2015 at 6:12 PM