QUESTION
What are his options for a modified order for more time/equal time to ensure son gets the attention he deserves?
Asked on Jun 18th, 2013 on Child Custody - New Mexico
More details to this question:
Child is currently in the primary care of the mother with a court ordered agreement with the father. The minor child (son) is not performing well in school (grades, behavior etc). The mother has no interest in working out a plan with the father to help the child. Mother does not want the son to participate in outside activities that will allow the dad to see the child more than one day a week and every other weekend (current order). The father has asked mother for additional day to see child and mother denies him. Father is also the one who talks with the child's teacher about school and make-up work b/c mother does not help with school/home work and projects and child receives failing grades. Father pays support and mother does not use towards child (child constantly calls from school b/c he has no money for lunch or to attend field trips etc). The father wants full custody but scared that courts work in favor of women and if he loses may potentially make matters worse with the mother and time with son.
7 ANSWERS
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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You can bring a motion to modify custody and/or visitation, but you need more hard evidence than what you have stated here. The days of courts favoring women are long gone, in my opinion, with perhaps the exception of some very rural areas. I have achieved joint custody and primary custody arrangements for many of my male clients, as have other attorneys. Your best option is to consult with an attorney in your geographic area to review what evidence you have and how to go about getting more and better evidence that can be used at a hearing. In a situation like this, there is much work to be done before any motion is ever filed.
Answered on Jun 19th, 2013 at 1:57 PM
You have a couple of options. You can petition the court for a modification of parenting time and request that you are allowed to spend more time with your son; or you can petition the court for a change in residential custody, in which you will, more than likely, have a GAL appointed to your case (may have been appointed the first time, also) the GAL will testify, either in person or through a written report, as to who he/she thinks would be the better residential parent, and you also will testify as to why you feel the child would be better under your care and supervision.
Answered on Jun 19th, 2013 at 12:53 PM
Carolyn Roschelle Jones
He should file a Supplemental Petition for Modification of Child Custody and make sure he includes the child's school performance and grades with the petition. He will definitely want to consult with a lawyer. Because there is a very heavy burden of proof when it comes to changes in child custody. Depending on the age of the child you may want to ask permission for the child to testimony.
Answered on Jun 19th, 2013 at 12:53 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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In Nevada, there is no gender bias in favor of women. You should speak to a knowledgeable family law attorney about your situation and bringing a motion for a change of custody.
Answered on Jun 19th, 2013 at 12:53 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, in order to modify the current time sharing or visitation arrangement, there must be a substantial change in circumstances that warrants a modification. You should consult with an attorney in your area in order to best determine how to proceed and your likelihood of success.
Answered on Jun 19th, 2013 at 10:37 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You are entitled to file a modification suit if you can prove there has been a significant change of circumstances since the date of the last order and changing the existing order is in the best interest of the child. I suggest you hire a lawyer.
Answered on Jun 19th, 2013 at 9:28 AM
Children Law Attorney serving Albuquerque, NM
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Law Office of Jay R. Mueller
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Basically you would file a motion to modify based upon what you have mentioned and request a hearing.
Answered on Jun 19th, 2013 at 9:28 AM