Question:
14 months ago my ex filed for modification of parenting plan. He says I moved without sending a certified of move/address. I let him know my address through text and I sent him one but it wasn’t 60 days prior as that wasn’t feasible to my situation as I couldn’t afford rent in two houses. I was needing to move out of my friend’s home into my own. The children were not moved from their principal home/area and life has continued as normal since divorce was final 18 months ago. We have joint custody, neither of us pay child support, and we equally have visitation with week on/off. Now he would like the parenting plan modified by having my visitation cut down to every other weekend and me having to pay him child support. What is the likelihood of this happening?
Answer:
It is not likely that a court would change custody to address a failure to notify him strictly in accord with the prior parenting plan provisions. To modify custody, he will need to show the court that there has been a substantial change in circumstances that warrants a modification in custody in the children’s best interests. How old are your children? Do they want to live with just him? You should probably consult with an attorney who can review all of the paperwork and give you a thorough outline of your rights and obligations.
This educational legal blog was brought to you by Avvo and answered by Jean Mahserjian, an experienced New York divorce attorney located in Saratoga County. Our law office has been helping residents with child custody issues for over 25 years.
