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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2348
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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55

Customer Question

55
Submitted: 11 months ago.
Category: Family Law
Expert:  Steven K. replied 11 months ago.

How can I help you?

Customer: replied 11 months ago.
Does a Jpa. Have to be modified if one party wants it?
How much weight does the old jpa have ?
If one party wants to keep status quo
Expert:  Steven K. replied 11 months ago.

What state is this in? And can you tell me more about the situation?

Customer: replied 11 months ago.
Will county IllinoisDivorced for 1 year parenting argreement in effect 3 yearsMsa says child goes. To my school but can be netowtisk she has custodial. Right as she she sleeps there during the week but the school is in my district so my ex drives her
Since I moved my ex wants to change jpa we split time 50-50 she wants more timeI'm fine with Jpa as currentHow much weight to the old msa !
Mediation was past discuiss
Expert:  Steven K. replied 11 months ago.

Was the parenting agreement initially a temporary order and later a final order entered with the divorce? If the FINAL order was in the last two years, it would be hard to modify the order. The standard to bring custody modification proceedings within two years is the “serious endangerment” standard. To meet this standard, she woulde not have to prove that the current custodial arrangement has seriously endangered the children. She only needs to establish that there is reason to believe the child's present environment may seriously endanger his physical, mental, moral or emotional health. If she can do so, she may proceed with a modification action. If the final order is more than three years old, the standard is even easier.

Expert:  Steven K. replied 11 months ago.

After two years, she needs only show a substantial change in circumstances that affects the children's best interests.

Expert:  Steven K. replied 11 months ago.

Do you have any other questions?

Customer: replied 11 months ago.
The divorce was final April 2015If the final order says the child is with the father for school but can be. Be discussed with further mediation. What are the Chance of the mother can gaining control. Of where the child goes to school just - year after the final order
Expert:  Steven K. replied 11 months ago.

Does the order name the school the children will attend, or simply say that the children will go to the school in your district? (The standard I described above was in reference to a modification in primary placement of the children, not a minor change like a change in schools.)

Customer: replied 11 months ago.
It says the child will attend the school where' the father is living
Currently she attends. That school where I live but mom is custodial parent because more sleeping nights are with her
Expert:  Steven K. replied 11 months ago.

She would have to show how the current order is harmful to your children. She could do this either by showing that you now live so far away that 50/50 is no longer practical, or that the new school in your area is substandard and will harm the children.

Customer: replied 11 months ago.
I live about 25 miles away I drive daily to see her after school since it's my time with her it doesn't affect her at all as far as driving .so I would imagine a mediator would side with me on school and. Status quo on 50-50 parenting time your opinion ?
Expert:  Steven K. replied 11 months ago.

Why do you travel so far to the school, if your daughter is going to school in your district?

Customer: replied 11 months ago.
I moved 25 miles away last week
My daughter stays at my ex s house during the week to attend school. But the school she attends is the. school in my district
Expert:  Steven K. replied 11 months ago.

In the district where you live now or where you used to live? Or does your district span 25 miles?

Customer: replied 11 months ago.
I moved 25 miles away it is a new school district. My daughter will be going into 6 th grade. So a new school regardlessIf the order it says. My daughter will go to the school on my district but also discussed at Future mediation
Can I have her go to school where I live ?
The order is 1 year old
Because I moved away that doesn't take away. My time to be with her ?
Expert:  Steven K. replied 11 months ago.

It does not take away your time, and the order, as you describe it, does allow you to transfer your daughter to the school in your new district. Now, your ex is allowed to ask the court to stop you, but your making the transfer would not violate the court order or any law. Her request would be for a modification, not to get you in trouble, such as with a contempt of court motion.

Expert:  Steven K. replied 11 months ago.

If you have no further questions, I would appreciate if you would rate my answer so I may get credit for my work.

Customer: replied 11 months ago.
her request to modify the court order in regards ***** ***** school. Even though she can ask
Would have to be. Significant ?Also to modify the. Jpa agreement in regards ***** ***** time with my daughter wouldn't happen if I am still willing to drive to see her 25 miles vs 2 miles before ?
Expert:  Steven K. replied 11 months ago.

Correct.

Customer: replied 11 months ago.
If this went to a judge could I call witnesses ?
The part of the order which allows her to go to go to the school where I live vs her right to modify wouldn't change unless significant ? A mediator. Would tell my Ex that vs a judgethe mediator would make. That recommendation. To the court ?
Expert:  Steven K. replied 11 months ago.

You could present affidavits but not witnesses.

Mediators are hit and miss. Some are good, some are not. Some understand the law, some don't. So it's possible that a mediator would be helpful, but no guarantee.

Customer: replied 11 months ago.
Obviously. Since there is a jpa and msa in effect the mediator can't deviate from that. ?From what I understand. Judges are reluctant to modify a lot unless they need too?
Expert:  Steven K. replied 11 months ago.

Well, a mediator helps you establish a new agreement. So, by definition, the mediator is suggesting a deviation from the current order.

It is my experience that judges are reluctant to modify.

Customer: replied 11 months ago.
the mediator
Can suggest but it really falls on deaf ears as the msa and jpa is Already in effect
I have the upper hand in regards ***** ***** school. And Current agreement. ? As long as there is no significant reason too and 25 miles apart isn't that reason.
Expert:  Steven K. replied 11 months ago.

That is how I see the situation, yes.

Expert:  Steven K. replied 11 months ago.

The mediator has no power. You have the upper hand in regards ***** ***** Without a significant reason, she cannot modify. I do not see how the 25 miles could be a significant reason.

Customer: replied 11 months ago.
Do I have to accept mediation if if is suggested by my ex ?
Expert:  Steven K. replied 11 months ago.

Only if your court order or your local court rules already require it.