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custody order mutually modified changing visitation week to week, 16 months goes by and mom wants it to go back,

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  • custody order mutually modified changing visitation week to week, 16 months goes by and mom wants it to go back,

    i have a court order stating a schedule which consisted of 5-5-2-2, it seemed to work better when my daughter who just turned 13 was younger. mom and I have shared physical legal custody, mom has had my daughter in her school district since first grade. i had my daughter enrolled in my district the first year and mom and i went to court and she won the school. since then i've been to court many times over the years and even went to mediation. i've asked for the school, without a change to the time schedule and was not lucky. but my most recent visit with the court which ended in a loss again, for team dad, had a contingency that if she moved out of her school district, that my daughter would then go to my school district by default. about 3 yrs has gone by since we moved into our new home. covid hit and we verbally agreed during a phone conversation to change the schedule to week to week. There are texts showing since march of 2020 we were sending texts like, " send angelina out" at or around 5 pm on sundays. about a month ago, i received a call from mom stating that she purchased a home out of her school district and begin to ask me if id meet her half way because her new home now put the distance between our homes at nearly 50 mins apart. I laughed a little, because beside the fact that i was excited to finally have her in my school district after all the years of failed attempts, she was asking me to meet her after 8 years of driving her to school. 30 mins over the past few years each way, there and back, then after school for pick up. countless miles and time. I said no actually, i've been driving for years and there was a case specifically about her complete lack of respect towards my time or schedule for things in life. its never changed. i've just learned to accept the fact that the women doesn't care about what i have going on, and realised i was getting way to worked up each time it did happen. I begin to enroll her by computer and was told all i needed was the doctor records to get the clear to go, and there would be a call from the guidance counselor to discuss class and buss schedule which was supposed to happen today, wednesday. about 1 pm i started to call the school asking why i hadn't received a call, and was told the school was waiting on documents from a previous school. I made many phone calls to get the humans on the phone to expedite the documents needed right up until both schools employees were set to quit for the day. I received a text from mom about 3 o'clock telling me she wants the schedule to go back to the way it was pre covid, because it benefits her in having to only drive 3 days a week vrs 5. my response was, i don't agree, and nina after asking her prefers to keep it the way it is. my question is, i have the essential elements of a verbal contract, with text writing backing up the story of the week to week change. i already know at least in my state from previous interactions with law enforcement, that the police will not remove the child if she decided to call the cops tomorrow because she plans on coming to pick her up, although i've already stated i don't agree with a change to something we agreed on verbally over 16 months ago. aside from the stress that is caused by cops being in my driveway. i'd like to avoid the embarrassing encounter, but don't want to fold and give up on my stance of disagreeance and my daughters ability to make her own decisions. most recently, 4 months ago, there was an issue that my daughter and I disagreed with and when i attempted to pick her on the mother decided that she would not force nina out the door. we settled our differences and i picked her up the following day. And i don't understand how if two people agree, and that goes on for over a year, how one person gets to make the decision to reverse whenever she feels like it.

    what are my rights. my plan was to file a modification tomorrow morning. asking that the schedule remain how its been and showing text proof going back 16 months. any advice would be greatly appreciated.

  • #2
    I wish to inform you that court considers best interest of child as main consideration. You may seek modification in child custody agreement based upon your agreement with mother from last 16 months. You may have to show that best interest of child were met with this agreement and any change as desired by mother may affect child. A child custody agreement determined by court is valid agreement and parties cannot voluntarily modify this agreement without court approval. A court ordered child custody agreement may be modified through court order. You may thus seek court order showing best interest of child are met with your arrangement of last 16 months.



    • #3
      That large block of text is an unreadable rant.

      Bottom line - you both obey the court order until there is another court order.

      Oral agreements mean nothing when one party objects to them.

      Back to court you go to get this straightened. Did you expect to learn otherwise?


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