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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37965
Experience:  Retired (mostly)
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my soon to be ex-husband wants to increase his visitation only

Customer Question

my soon to be ex-husband wants to increase his visitation only because if he does so his child support payments will be lowered.he is unable to get the children every weekend due to his hectic work schedule.he hasn't paid child support in 1 1/2 years.he has a new baby on the way and their is no room for my children to stay comfortably.we go to divorce court this month.what are the chances of him being able to get the children 3 times a week every week or 50% of the time.his name is XXXXX XXXXX his apt lease which means at any given time his girlfriend can kick him out.also he stated in his response to the dissolution of marriage that it was in the best interest of the kids to live with.but when he recieved a final child support order it changed.please give me some advice
Submitted: 7 years ago.
Category: Legal
Expert:  socrateaser replied 7 years ago.

Based on your alleged facts, his probability of increasing parenting time is effectively nil (0%). Courts want to see how the child's best interests are served by an increase in parenting time. Your facts reveal nothing that would support a modifcation.

 

However, to be fair, you may want to try to look at things from your ex's viewpoint, because the judge doesn't know anything more than he/she is told in court. So, if you are telling me your beliefs, rather than the objective facts, then my analysis will be completely wrong.

 

BotXXXXX XXXXXne, it's all about the child and stability. But, the court can only rule on evidence presented, so if you want to matain the status quo, then you need to have evidence to support that everything is just fine in the child's life, and changing things are likely distress the child.

 

Hope this helps.

 

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Customer: replied 7 years ago.
So you are saying I should focus more on the facts such as it would be difficult for him to transport the children to school since he is 20 mile away, there is no space in his new residence for them, they have been in counseling for the past 6 months and have finally become emoionally stable, would a judge be able to determine that his motive for increased visitation is due to the high payment of child suuport.also my daughter is 7 years old and states to me that she only wants to visit on the weekends
Expert:  socrateaser replied 7 years ago.

Yes. You're thinking like a lawyer now, and the judge will appreciate some objectivity. Sometimes it's useful to sit through a few hours of hearings with the judge who will hear your case (yes, I know, you can't take time off from work to hang out at the courthouse, but it's still a good idea if you can do it). Most of the custody wars are pure "he-said, she-said," and the judge has heard every BS story that anyone could sling.

 

In the rare instance that a litigant comes in and doesn't denegrate the other parent's morals, or makes unsubstantiated claims, the judge will probably fall off his/her chair.