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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38625
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My ex husband is changing jobs and his hours will be 8-5. Before,

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My ex husband is changing jobs and his hours will be 8-5. Before, it was 12-8 pm. He had parenting time every morning while i was at work. He would get him from 6:30- 11;00
And every other weekend. Now he is asking for him every other weekend and 2 nights a week. My son is 2 1/2. I believe this schedule to be way confusing and ustable for my son. Plus in Dec when his lease is up he is going to move to his gfriends house an hour and 20 min away. I offered him every other weekend and one night a week. He refuses. He threatens to take me to court to lower child support ( which is possible...he pays more than he has to) and get his two nights a week. Im sure he can get it lowered but is it possible for him to b able to move my son to that schedule? It seems too much for a two year old.
And can i do anything at all about him moving that far and cohabitating as well?
We just got divorced in Feb. And now when his apartment lease is up he is moving in with his gfriend. All of this is just wrong in my eyes for my two year old to be around.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Please allow me to respond to each concern in order listed.

You asked:
Im sure he can get it lowered but is it possible for him to b able to move my son to that schedule?
It is possible. While a child of 2 1/2 is generally not old enough to be considered a viable need for modification of visitation, the courts can require it if that is in the best interest of the child. Since the child does have a fairly strong bond with the other parent based on the amount of time they spend together, the courts may be willing to allow it although I agree that the courts would generally consider you to have a stronger claim to not allowing the modification.

It seems too much for a two year old.
You are correct, courts try to limit changes until the child is 2, sometimes even 3 years old.

And can i do anything at all about him moving that far and cohabitating as well?
You cannot limit his move, but you can go to court and require that the child not be with them if the other person is somehow unfit. Cohabitation together is not generally a crime and is not a violation unless you have legitimate concerns (she has a record of abuse or other unfitness). You can most definitely request that the courts evaluate her fitness as part of your petition. But notice that if you decide to press the point and take it to court, he likewise can push the issue against you.

Good luck.

Customer: replied 1 year ago.

My son spent most mornings with my ex. But every night with me. Except one night every other weekend..


Im confused on what age u say the courts try to limit changes.

Expert:  Dimitry K., Esq. replied 1 year ago.

Stacie,

Thank you for your follow-up. There is no hard and fast rule with the age of the child--some judges look to 18 months, some to 2 years, some to 3 years as periods when changing the surroundings or the schedule may be detrimental to development. Each judge happens to be somewhat different when they evaluate the child's best interest. You can surely argue in court that the child is too young, and the judge hearing the case will take that into consideration. That age range I provided to you is when the courts are most hesitant in changing the process.

Good luck.

Customer: replied 1 year ago.

Thank you

Expert:  Dimitry K., Esq. replied 1 year ago.

Stacie,

You are most welcome. If satisfied with my assistance, please do not forget to positively rate my answers so I can be compensated for assisting you this morning. Thank you!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38625
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
Dimitry K., Esq.
Lawyer
38625 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.