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Modification of visitation schedule.

Background

The child lives with me, the father, now and I was awarded a judgement of domiciliary parent. It`s been over a year since the judgement in my favor. Part of why I was awarded was the mothers neglect of his education needs but keep in mind the child lived in many different locations but always back and forth with the grand mother whose part of my public question.

The mother was ordered and adjudged and decreed Wednesdays visitation to pick up the child after school Wednesdays and return him by 7:30pm

Later the grandmother hired an attorney to be difficult which led to *consent judgment* allowing the grandmother to be allowed to pick up and drop off the child for any and all physical custody times set forth for the mom and also be allowed to exercise any and all physical custody times with the child set forth for the mom. It also states homework will be done with the father when the child gets home at 7pm from school. I requested homework be done with me because the mother and the grandmother did not complete homework correctly. Also the mother has totally neglected to visit with our son since the original judgment was done, only the grandmother comes.


Questions


1. Is it possible for me to modify the visitation schedule? Do I use a Motion or petition and do i have a valid argument?

2. The current Wednesday visitation schedule is not working because It does not allow our son to complete his homework until very late and also does not allow time to do home work and study for test in the same night. Our son has ADHD and every Wednesday the child and the grandmother are off to chuckecheese and places like this ware he comes back tired and not wanting to do homework.

3. This decision by the court to allow this was drawn from a custody evaluation where Quote "this time was given to the mother to have and opportunity to get involved in his education" not party out with grandparent every Wednesday till 7pm.

4. I have a letter from the grand mother from not long after i was awarded custody asking me if she could have him back by 6pm for many reasons.

5. I also have audio recording that I believe would be of help.

6. emails from the mother why she does not come to visit.

7. other evidence
Requested by Brndnpnt and Answered by LaDads on 21-Sep-2013 12:16 (1881 reads)
Congratulations on obtaining primary custody. I am sorry to hear that the mother does not come parent her child.

1) Well, it is always 'possible' to request a change. The question is if it is wise to do so.

2) Grandma has an attorney and knows how to use him.

3) You did insist on being the one to do the homework, after the kid arrived home from his visit.

4) You did agree to the current schedule.

5) Instead of starting out by rushing in to court, talk with the Grandmother.

a) Find out what sort of schedule she would like to have.
b) Work out an agreement between you and her.
c) Then file a joint, consent request to change the schedule.
d) I'm only hearing about 'Wednesday visits'. Where are the weekend visits? Can you give grandma some weekend time instead of the Wednesday?


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Author Thread
brndnpnt
Published: 2013/9/21 22:30  Updated: 2013/9/22 3:32
Just popping in
Joined: 2013/9/20
From: Jefferson Parish
Comments: 4
 reply

I have a reply but when I post it looks all blocky with html looking stuff in it


Author Thread
brndnpnt
Published: 2013/9/21 22:37  Updated: 2013/9/22 3:36
Just popping in
Joined: 2013/9/20
From: Jefferson Parish
Comments: 4
 Ladads

Awesome site and Thanks for replying!

I`ll trying to reply with as much detail as I can and sorry if I jump around on questions.

Yes, I asked for him to do the homework with me on Wednesdays when he gets back home on Wednesdays at 7pm but at the same this time this was for mom as stated on the child custody eval and was for mom to get involved in his education not whats going on now with all the after school BS. Can I add that to my argument?

Further more the consent was me vs the daughter not me vs the grandmother the grandmothers just using her bf`s money and her daughter.

Just FYI on the consent it does not give the grandmother any new time just able to exercise the daughters times with or with out the daughter present, So I am thinking I would change the daughters schedule which would affect the grandmothers visit time since she is the only one that comes, You think?

*trying to find out what sort of schedule she would like to have?

It is impossible to talk with the grandmother or make any change with the daughter because both are to negative and thinks someones always out to get them, But I did ask her attorney for en earlier time.

The family is very negative more so now that I have him and they are always looking for negative things to try to paint me with.

*I`m only hearing about Wednesdays visits question.

The mother and the grandmother live on the same street the mother does not want to be bothered with our son so she leaves him with grandmother on weekends. Grand gets lots of time.

Education was a huge factor in the case because when this child was with the mother he FAILED 1st grade. When I got him be passed 2nd grade and made honor roll once and had a`s and b`s 2nd grade.Now still we are doing well in school.

Background on mom is 13 addresses in a few years many BF`s and she let him fail school 1st. NO stability at all even still and now she just poped out another kid from some guy and is still married to another guy. wtf right? and she lives over 50 miles away and on the judgement it states the court ill review the current custody arrangements and reconsider the custody as stated in this judgement should daughter move closer to childs school and establish a stable housing arrangement and stable employment.

Question

If they don't want to corporate what do I file and how do I get file paporwork and is audio admissible in court? I went to the records room in DIV I and they told me I needed to file a motion I believe

I have been reading that its easier to undo a consent then an judge order because with a consent I don't have the same change of circumstances rule.

Also should I get something from his therapist stating that partying out on Wednesdays is bad for a child and will make home work and studying difficult more so as grades get harder in addition with his ADHD?

judge is Nancy Miller & hearing office Hanson who once said when I came back for child support said no wander he has the child.


Author Thread
brndnpnt
Published: 2013/9/21 22:55  Updated: 2013/9/22 3:32
Just popping in
Joined: 2013/9/20
From: Jefferson Parish
Comments: 4
 reply

is there a way to reply with out it looking all jumbled up?


Author Thread
LaDads
Published: 2013/9/22 3:37  Updated: 2013/9/22 3:37
Webmaster
Joined: 2006/10/15
From: La Place, La
Comments: 2932
 Try this one.
Is this box giving the blocky replies?

Author Thread
brndnpnt
Published: 2013/9/22 18:51  Updated: 2013/9/22 18:51
Just popping in
Joined: 2013/9/20
From: Jefferson Parish
Comments: 4
 yes
yes
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