QUESTION
How does one go about changing mediation agreement and would it be easy?
Asked on Apr 28th, 2014 on Child Custody - Washington
More details to this question:
My husband and I are constantly having problems with his ex when it comes to visitation and communication for and about his daughter. We have had to call the cops several times due to her aggressive behavior in front of our newborn and his daughter. She refuses to talk with either one of us about odd actions that a child shouldn't be doing with her toys. She shares a bedroom with her mom's boyfriend's child and we are worried that with lack of supervision, they might be doing things they shouldn't be. Or because of her mom's promiscuity, that she has witnessed sexual activity. She is not developing mentally the way she should be and is extremely attached to her mother in a non-healthy way. We only want the best for her but she isn't being raised in a great environment at all. Mother is also teaching her to call her daddy by his first name and her boyfriend daddy. It’s safe to say, manipulation of a child is not okay. What can we do? How do we go about trying to get custody or at least better visitation that she cannot deny us? They have a mediation agreement that has been signed by a judge. It says time has to be mutually agreed upon but she doesn't seem to understand it is not up to her and that they both have to agree.
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
It sounds like a completely incompetent parenting plan that is not working as would be expected from a document that leaves it up to the parents to decide when the child sees one of them. The father should file a modification of the parenting plan, get a GAL appointed to see what is going on with the child and in the mother's household and to get a functional parenting plan into place that provides set times for the child to be with each parent regardless of which is the primary home. And he should get a lawyer so that there isn't another parenting plan with lots of loose ends.
Answered on May 01st, 2014 at 8:10 PM
Probate Attorney serving Washington, DC
at
Apex Legal Services, PLLC
Update Your Profile
As a former Social Worker, it sounds like a very sad situation to me. You need to go back to court. You have to Petition the court. The Agreement is unworkable and is not in the best interest of the child. It needs to be modified. You may just want to fight for full custody. The environment is counter productive to the child's development. It does not sound like it is in the best interest of the child. The legal battle may be long and costly. Good luck!
Answered on May 01st, 2014 at 8:10 PM
Arbitration Attorney serving Irvine, CA
at
Law Office of Linda K. Frieder
Update Your Profile
File a RFO to change the terms of visitation.
Answered on May 01st, 2014 at 8:10 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
If the mediation agreement calls for remediation in the event of a dispute, you should start the mediation process. If that step isn't necessary you need to file an Application to Modify asking for either custody or more specific parenting time, whichever you want.
Answered on May 01st, 2014 at 8:10 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Your husband needs to go back to court and ask for a modification of the present custody order based on a material and substantial change in circumstances. I would suggest that the daughter start therapy so that a record can be made of any issues. The therapist probably won't want to be involved in the custody case, but his or her records should be available. I also suggest that he get an attorney. It will be worth the expense because the attorney should know the best way to present your husband's case to the judge.
Answered on May 01st, 2014 at 8:10 PM