Since becoming engaged, my partners ex has decided to threaten court changing his visitation from -weekly and half

Expert's Assistant chat
Customer: Since becoming engaged, my partners ex has decided to threaten court changing his visitation from bi-weekly and half summers to whenever she is available and in town at her discretion (she lives 6 hours away). The reason behind this she states is because his employment occasionally causes him to miss scheduled weekends. My partner is an underground miner with different rotation schedules and has been since before they were together (approximately 6 years now). This was known when court agreement of second weekends and until the engagement she would accommodate the weekends when he was not working.Is she able to change his visitation to her discretion when she chooses to travel? What would be recommended as a response? What visitation schedule should he request (that she has to accommodate his employment schedule as she has been with no issues for 3 years)? She has threatened him in the past to choose between his job or his child.
Answered by JosephE322 in 6 mins 1 year ago
imglogo
JosephE322
10+ years of experience
logo

11898 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
JosephE322
10+ years of experience
logo

11898 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

JosephE322, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes and I am not your lawyer. The information discussed is for general use only and a lawyer would be necessary to take any legal action and/or preserve any of your legal rights. You may receive a phone call request which is automated from this website and you may choose to ignore this request. If at any point during our conversation you would like to have a call, I’d be more than happy to arrange one with you at an additional cost. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

img

JosephE322, Expert

Good evening – sorry to hear of this difficult situation. The ex cannot change the custody order unilaterally; she would need to go to court and convince the judge that there has been change in “the circumstances of the child since the making of the order or the last variation order”. If she doesn’t have compelling reasons why the arrangement should be changed, it is unlikely that the court will entertain her request.

Customer
Is his employment schedule usually considered a compelling reason? His job title, duties and responsibilities have not changed since before the original court agreement was created. Her reasoning would be the fact that he has been called back to his place of employment out of town for emergency mining repairs missing out on his weekend visitation that they had arranged. We are expecting court papers. If court papers are received should he respond primarily with the fact being that his employment has always been of this nature since before the agreement? She has also started denying the few weekends he is home because "it doesn't fall on his court ordered scheduled weekends- should he request the order to be worded that she is to accommodate the weekends that his employment does allow visitation? (Usually 14/14 rotation)
Customer
He was debating on filing a motion to change the order based on other things where she has decided to become difficult since our new big news. If she has already filed and he is served, is he able to address the changes he was looking for in his response or would he still need to file a separate motion?
img

JosephE322, Expert

The legal test is “a change in the condition, means, needs, or circumstances of the child or in the ability of the parents to meet the needs of the child which materially affects the child and not foreseen or could not have been reasonably contemplated by the judge who made the initial order.”

There does not appear to be any change of circumstances or the ability of him to care for the children.

img

JosephE322, Expert

Might as well file a cross motion so that she is to accommodate his work schedule.

Customer
Would filing a cross motion involve doing the same process as starting a new motion? That i am familiar
img

JosephE322, Expert

You would respond to her motion and bring your own motion so that they can be heard at the same time.

Customer
Ok thank you!
img

JosephE322, Expert

My pleasure. Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer