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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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My friend is divorced and has been for several years. Her ex-husband

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My friend is divorced and has been for several years. Her ex-husband has suddenly decided that he would like to be more involved in their daughter's life until now he has seen her only on his visitation weekends and now he is taking her to court to try and force her to give him
the daughter for the entire summer even though that is not part of their divorce agreement. He has remarried and wants her to be with his wife and her children instead of at her own home with her friends, grandparents and summer activities he works during the day so she would be on the farm with her step family. She is 13 years old is very active with sports and other projects for the summer but if she is with him and her step family she will not get to do anything. The girl is 13 years old and is a straight A student. She is in school plays and sports and band, dance and gymnastics. She wants to go to Catholic School which is rated higher then the public school but he is having a fit about that also. Question is can he actually force her to spend the whole summer with his step family with the reason that when parents get divorced there is going to be another family that she HAS to spend time with?

When a party seeks a modification of a custodial arrangement, the party generally needs to show a substantial change in circumstances and that there is some harm to the child in the current arrangement.

 

As of now, you have not stated that there has been any change at all. The only basis for the father's request for a modification is that he wants the arrangement modified, it is highly unlikely that the court would grant a modification solely based on the father's changing perspective.

 

While it's always difficult to speculate as to what a judge might do in any particular situation, my opinion is that the father will not prevail in this situation.

 

Please let me know if anything requires clarification.

 

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Customer: replied 4 years ago.
There isn't any substantial change other than the father quit farming with his dad and is now a salesman for the local farm service company. So what it all boils down to is that he wants to have to pay less for child support as before it was paid by the partnership. If he has her all summer he won't have to pay child support. He had the police come to force his daughter to go with him one Friday evening because she wanted to go out with her friends. He refused to let her do.

There is nothing new here, I would still suggest that your friend will prevail here and no modification would occur.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.