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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 458
Experience:  Attorney with 13 years experience.
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My ex-husband wants to change the current custody schedule

Customer Question

My ex-husband wants to change the current custody schedule to take primary custody of my 16 year old daughter. He's already gotten his lawyer to draw up an agreement with his wish list and managed to brain wash my daughter into harassing me to sign the agreement. I refuse to sign because I don't trust his motives. I need to have an attorney review the agreement and allow me to exercise my rights as the mother. An incident happened over the summer where I was stressed due to work and family issues and he took it upon himself to commit me for 72 hours. My therapist felt that I should not have been committed. I suffer from mild anxiety and he felt I was a danger to myself and daughter. I have never experienced anything such in my 53 years. He used a vulnerable moment in my life to try and change the custody order to stop paying support and he's kept me from seeing my 16 year old daughter since July 26, 2015. He's brainwashing my daughter and using her to harass me into signing something I may regret. He's not trying to communicate or meet me halfway. I'm exhausting my efforts to try and come to a sensible agreement with him, but its sign it or you will not have access to my daughter. Is this legal what he's doing? I'm back at work and seeing a therapist for the work stress that nearly took me over the edge. Please help!!!
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Afternoon:

I will help answer your question. You absolutely do not have to sign the order. If you disagree with the order then don't sign and he will have to schedule a hearing. You and he will be governed under whatever order is currently in effect. If provides for visitation for you he can not deny it without being in contempt of the order. I would tell him and her you are not signing and you want the custody provided for under the current order and if he does not than you will file for contempt.

I recommend sending him a copy of your counseling information saying you should not have been admitted and there is no reason why you should not have visitation at a minimum. I would also recommending bring anyone that has observed you and your daughter together recently that can testify that it is a normal relationship. Lastly, your daughter is 16, not 5, and can self report if anything bad would happen during your custodial time. Sounds like a crook to me. I hope this information is helpful and I wish you luck. Don't be bullied into signing.