I have a previous order from March 2021 that gives us joint custody. Can I go to court now to get full custody? It is

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Customer: I have a previous order from March 2021 that gives us joint custody. Can I go to court now to get full custody?
JA: Who currently has legal custody?
Customer: It is joint I am the custodial parent
JA: Is there a child custody order in place?
Customer: Yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The current order isnt followed
Answered by Legal Lady Lawyer in 5 mins 7 months ago
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Legal Lady Lawyer
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Legal Lady Lawyer
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Legal Lady Lawyer
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Jessica

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Legal Lady Lawyer, Expert

Hello and welcome! My name is ***** ***** I'm a licensed attorney. Kindly allow me a moment to review your question and respond.
Customer
Thank you!
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Legal Lady Lawyer, Expert

Thank you for your patience! I’m very sorry to hear you are experiencing these issues, but I appreciate you reaching out to us for assistance. Hopefully I can help. I’m so sorry that you are dealing with this custody issue. I know how frustrating this can be. I have a few questions I will ask below that will help me to understand your question better so that I can give you the best answer.

  • When did the custody agreement go into place? 

Customer
March 2021
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Legal Lady Lawyer, Expert

I see. Generally, you would have to show that there is a change in circumstances to be able to change the custody order. Is there some change?

Customer
Her dad doesnt follow the decree, and now he wants his new girlfriend to start watching her during his time.
Customer
Both of our incomes have changed but I dont think that qualifies. What would a change be considered?
Customer
This is the third girl he has brought around her. We have in our order that the parent must ask the other parent before leaving our child in the care of someone else but he said its his time he can do what he chooses. He went 8 weeks without seeing her in Dec/Jan and cancels last minute constantly. It is very inconsistent.
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Legal Lady Lawyer, Expert

I am so sorry to hear this. Generally, if one parent is not following the order and things have changed, then you can file to modify the custody order. To do this, you would file a petition and have it served upon the father.

Customer
Even if it hasnt been a year since the previous order?
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Legal Lady Lawyer, Expert

Generally, you can but you have to show there is enough change in circumstances. You can also hold one party in contempt for not following the custody order.

Customer
How would I prove he is in contempt?
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Legal Lady Lawyer, Expert

You would have to prove that he is not following the custody order.

Customer
His work schedule doesn't allow him to have 1/3/5 weekend as he is off rotating days and doesnt get off until 9:30pm. If he is in contempt what happens then?
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Legal Lady Lawyer, Expert

If he is not following the custody order, then he could be and the order would have to be changed.

Customer
What custudy agreement could we put in place with his schedule the way it is?
Customer
How would I prove he isnt following it?
Customer
Just by word of mouth?
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Legal Lady Lawyer, Expert

You would have to prove by his work schedule etc.

Customer
Which he would have to submit to the courts
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Legal Lady Lawyer, Expert

but you could claim he isn’t following it and give the reasons why.
Customer
okay thank you!
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Legal Lady Lawyer, Expert

It has been my pleasure to help you with this custody issue. If you have more questions, I will be happy to answer them for you. If not, it It has been my pleasure to help you. Thank you for using our site and for trusting me to answer you’re questions. If you have any follow-up questions, I am always here to answer them. You can always ask for “Karra” in the future if you want to speak to me again. You are welcome to specifically request me if you have any future legal needs.

JustAnswer offers assistance in multiple areas in addition to Legal, such as Medical, Veterinary, Computers, Antiques, and more, so if you have any questions in the future in those areas, you can use JustAnswer obtain assistance from those Experts. Thank you for using our site and for trusting me to answer your question.

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