You are here

50/50 custody - going back to court

her.fatal.flaw03's picture

Hello. So my wife has 50/50 custody of her two kids. Took care of the parenting agreement through the divorce attorney. One week on and one week off. Every year, the BD has every holiday. It just happens to always fall on his weeks. He switched weeks with us a long time ago but we didn't even think that this was the reason why. Well this year, he is not allowing them to spend time with us neither Christmas eve or Christmas day. MY QUESTION IS: What does she need to do in order to get it stated in a legal matter that they both get time with the kids on all holidays? No matter who has them that week. Can she file on her own? Like without an attorney and all of that?

tog redux's picture

Technically you are allowed to go Pro Se (without an attorney) and all the forms should be online if you search for your county court.  Some states seem to have easier paperwork than others, and what you are asking for is not unreasonable.  Check out the online forms and decide.  I can't imagine it will be denied, but is he the type to cross-file with some other motion for full custody based on nonsense just to retaliate? If so, then get an attorney.

Thumper's picture

Here is the first step that I would suggest---without going to court: If this does not work GLOVES off.

Send dad a certified, return receipt letter. SIGNATURE required by addressee too.

Request a more fair and balanced holiday visitation schedule. You could add: This MUST BE an over site (don't accuse him yet of being an ass, let a lawyer do that) and YOU are sure that he is willing to find a fair and equal  solution.  YOUR hope is to resolve this by the years end however

add a suspense in letter too. 30days is more than reasonable amount of time he should respond. Keep letter short, professional.  Make a copy for your records and keep all postal documents for your records to.

Just curious why doent mom have full physical custody. Most do, even if they have felonies and various charges in their past.

Just remember if he fails to respond---1. you have a letter showing your desire to work this out TO not waste money and courts time and 2. He looks like a big ass for refusal to keep kid away from parent. File for court and attorney fees if this does go to court. Doubt if you will get it but doesnt hurt to ask.

GoodLuck---Expect dad will say that he already has plans for this year. THAT Is why I suggest that he have odd years (2019) and you have even years. Include spring break, and 1/2 of summers too.


tog redux's picture

50/50 custody is pretty common nowadays.

Good idea on the attempt to ask him to change the schedule.

Maxwell09's picture

Find out what he wants and trade him for it. Suggest adding a special day (his birthday) or something he's usually doesn't get and be like "you know we should really work on putting more holidays into rotation..." 

Mightbeme's picture

I’ve always represented myself and my ex has always had counsel. I’ve found over the years that a judge always wants to see an attempt to work it out (email or text). If it can’t be worked out then file a general motion stating exactly what you want and why with exhibits (the emails) of why it couldn’t be worked out of court. You file the motion, the other party has a time limit to file a response, you respond to their response then it gets submitted to the judge for decision. Either party can request a hearing if you/ they want to go before the judge and state the case.

Best of luck