Do you guys know of any legal document that my boyfriends "baby momma" can sign to move his visitation date from Wednesday 5:00 pm -8:00 pm to Thursday 5:00 pm - 8:00 pm.
See he has night classes at night and she agreed but if she gets mad at him for some odd reason he can show up on Thursday and she could deny him because it's not what the court order says. He gets her every weekend but we do love to have her during the week those few hours.
Anything...
2007-06-12 09:57:05 · 6 answers · asked by stepmom of 1 2 in Family & Relationships ➔ Marriage & Divorce
There is really no legal document, other than get it in writing and signed by her. Ultimately if she signs it and then recants a judge isn't going to do a whole lot about it. I would just hope that she can remain civil for the child, and not attempt to interfere with the much needed father bonding time.
2007-06-13 07:56:28 · answer #1 · answered by jmay219 2 · 0⤊ 0⤋
You have two options:
He can file a "Complaint for Modification"--this is a legal document in which he is asking for the court to change the existing order. He will have to file it and have a copy sent to her--the court will give you a date for the Complaint to be heard, at which point the judge or family service officer will ask him to explain why he wants to change it, and ask her whether she will let him. If she agrees, the judge will enter the changed order.
The other option is if he and she can file a "Joint Petition for Modification"--this is a legal document that he and she will write together. Basically he'll just write "to change visitation from ABC to XYZ because ......" Then they will both sign it and have it filed. The court will again order a date for it to be heard, and since they are both in agreement, so long as the court doesn't see any abuse or anything improper, they will allow it.
In family court, the standard is always "the best interest of the child." So the court will always be looking to promote whatever they believe is the best interest of the child.
You can get all the necessary paperwork from the Filing Clerk at the Family & Probate Court.
Good luck.
2007-06-12 10:21:21 · answer #2 · answered by Laura F 1 · 0⤊ 0⤋
Sometimes it depends on the order.
If the order states as follows:
Changes to the parenting plan may be mutually agreed upon in advance in writing between the parents.
If it doesn't state the following in the order, then your boyfriend may need to go back to court...Language in an order is very tricky and the best way to get a better understanding as changing this order, is to speak with a trusted lawyer.
2007-06-12 10:03:31 · answer #3 · answered by lwheavenlyangel 4 · 0⤊ 0⤋
Without actually involving the courts he can get a notorized paper stating the change signed by both parties and any witnesses so if either renigs on the agreement, the paper can be used as evidence in a court of law and the party could be sued for breach of contract
2007-06-12 10:12:39 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
The only way to do it legally is to go back to court to ammend the custody order. If its not signed by a judge than it doesn't matter what any other paper says.
2007-06-12 10:17:57 · answer #5 · answered by GPHS 3 · 0⤊ 0⤋
A modification to the decree is the only "legal" way.
2007-06-12 10:00:42 · answer #6 · answered by Anonymous · 0⤊ 0⤋