QUESTION
does a new court ordered parenting plan over ride an old one?
Asked on Dec 20th, 2012 on Child Custody - Colorado
More details to this question:
My husband and I divorced like 4 years ago andhad a parenting plan set. He ended up leaving state and his parents tried to get custody of our daughter but in the end we just created a new parenting plan between his parents and I with my ex having spring break, one month in the summer and every other christmas break. This plan was signed by all and entered into the courts. My ex husband now decided to move back to colorado and keeps threatening and harrassing me telling me his laywer told him our old parenting plan from the divorce still stands and over rides the new one, so is that true? Because he is trying to take my daughter on my weekends and also sees her on his parents weekends and if thats the case I will never get time with my daughter.
1 ANSWER
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If the plan you entered into with the grandparents was made an order of the court, then that plan controls noe and he would need to file a motion to modify parenting time to change it (whether back to the old plan or a new plan). The grandparents could ask for grandparenting time if you go back to court, but usually that is time taken from "his time." I hope this helps.
Answered on Jan 08th, 2013 at 11:20 AM