Yes sorry it is in our court papers that it is 50/50. I pick my children up on Sunday 4pm and they go back the following Sunday 4pm. 1 week each.
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- Thread starter jowen82
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Yes sorry it is in our court papers that it is 50/50. I pick my children up on Sunday 4pm and they go back the following Sunday 4pm. 1 week each.
As already asked, what exactly are you trying to accomplish?
One thing you should do is file for contempt of court order - mom refusing you visitation. But it is unclear exactly what else you are asking for.
The school thing...what was suggested is that you do not HAVE to take the children to the school mom picked out on your visitation period.
How were you able to get 50/50 time share of toddlers in IN? Just curious.
One thing you should do is file for contempt of court order - mom refusing you visitation. But it is unclear exactly what else you are asking for.
The school thing...what was suggested is that you do not HAVE to take the children to the school mom picked out on your visitation period.
How were you able to get 50/50 time share of toddlers in IN? Just curious.
I have filed a letter with the court because of the violation of my order and that i'm requesting modification of custody. She seems to think I have absolutely no say in how my children are being raised and i'm trying to get it to either Sole or Join Legal custody.
How I got the 50/50 is cause we agreed to it in court that we would have those times with the children.
So I take it now mom has sole legal custody? (strange when you have a 50/50 time share). I agree with asking for joint legal.
So your asking for a modification of custody...thats it? you want to move to joint or sole legal? or are you asking for a modification of visitation? If so, exactly what are you asking for and how will doing that benefit your children?
So your asking for a modification of custody...thats it? you want to move to joint or sole legal? or are you asking for a modification of visitation? If so, exactly what are you asking for and how will doing that benefit your children?
I would like to have Sole Physical Custody as well and keep the visitation times the same as I believe the children should have good contact with both parents. The reason why i'm going after this is because I haven't seen my children since Christmas and that is not only harming me but the children as well. It's detrimental to our relationship. If I had custody I would never deny the mother her visitation rights like she has on numerous occasions because she's mad at me for something really stupid. Also if had more say in how my children were raised they would not be going to the school district that the mother has placed them in as the mother only has an 8th grade education and when my children need homework assistance I would be able to provide that as I'm currently a college student myself. Also my children have their own bedrooms here and not have to sleep in the same room as me.
stealth2
Under the Radar Member
You apparently knew this when you were having sex, right? Therefore, completely irrelevant.
Also irrelevant.
And again - irrelevant.
I think your confused about the terminology.
There is physical custody, and legal custody. Right now your court order gives you and mom joint physical custody, and I presume, mom has sole legal custody (therefore overriding you on the school issue). You want the visitation schedule to stay the same so asking for sole physical custody makes no sense. Sole physical custody is when you have the children all the time, and there is no or little visitation with the other parent.
So you want to change that and ask that the court order reflect joint physical custody...although it already should since you have a 50/50 schedule.
I understand you want sole legal custody, and I understand your reasoning. Wait for a senior to come back and respond...however most courts will grant joint legal custody which means you have to work things out with the other parent. If you cannot work it out...someone takes it back to court. Its unusual for a parent to have sole legal custody these days...unless there are special circumstances. Nothing you have described are special circumstances. Also, if you had sole legal custody, that still does not FORCE mom to abide by your visitation order, any more than if you have joint legal. The bottom line here is mom is violating the visitation order, and you should ask the court to hold her in contempt. Changing either physical or legal custody does not change that action...if either parent violates the court order, the other parent can take it to court for contempt of court order.
So I think you may want to stick with joint physical custody - as I suspect you have...and personally? you have to have a very compelling reason to change sole legal, or joint legal --- over to sole legal to the other parent. I would drop that request and make sure you have joint legal custody. With joint legal, mom HAS to consult with you about school issues, medical issues - JUST like you did with her.
So in court, I would make sure there is joint legal and physical custody, address the preschool issue in court, and that your court ordered visitations need to begin immediately.
There is physical custody, and legal custody. Right now your court order gives you and mom joint physical custody, and I presume, mom has sole legal custody (therefore overriding you on the school issue). You want the visitation schedule to stay the same so asking for sole physical custody makes no sense. Sole physical custody is when you have the children all the time, and there is no or little visitation with the other parent.
So you want to change that and ask that the court order reflect joint physical custody...although it already should since you have a 50/50 schedule.
I understand you want sole legal custody, and I understand your reasoning. Wait for a senior to come back and respond...however most courts will grant joint legal custody which means you have to work things out with the other parent. If you cannot work it out...someone takes it back to court. Its unusual for a parent to have sole legal custody these days...unless there are special circumstances. Nothing you have described are special circumstances. Also, if you had sole legal custody, that still does not FORCE mom to abide by your visitation order, any more than if you have joint legal. The bottom line here is mom is violating the visitation order, and you should ask the court to hold her in contempt. Changing either physical or legal custody does not change that action...if either parent violates the court order, the other parent can take it to court for contempt of court order.
So I think you may want to stick with joint physical custody - as I suspect you have...and personally? you have to have a very compelling reason to change sole legal, or joint legal --- over to sole legal to the other parent. I would drop that request and make sure you have joint legal custody. With joint legal, mom HAS to consult with you about school issues, medical issues - JUST like you did with her.
So in court, I would make sure there is joint legal and physical custody, address the preschool issue in court, and that your court ordered visitations need to begin immediately.