How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
Type Your Family Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

a current parenting plan that was filed on 3/3/2010 is being

Customer Question

a current parenting plan that was filed on 3/3/2010 is being violated grossly. how do i proceed in making provisions to the parenting plan. i am the sole cusdodial parent and guardan on the plan.
currently my 35yr old ex husband has engaged in a sexual relationship with my 17yr old sister and it is effecting my children greatly their ages are 15, 12, and 9 all boys. i fear for their psychological and emotional well being as well as my 17 yr old sister and her 9month old daughter who was fathered by another young teenage boy. he approached my boys and proposed them with the question " how do you feel about this relationship and are you ok with it?" it has been brought to my attention through them and through multiple other family members that he is able to spend the night at my parents home and has been sleeping in her room and is allowed to spend time with her while my parents are not home. he has a past history of this behavior and it has caused many issues with him and our 3 children before and i fear that they will be psychologically damaged beyond repair if the behavior continues. please help!
Submitted: 6 years ago.
Category: Family Law
Expert:  Joseph replied 6 years ago.

As you probably know, a modification to the parenting plan can be accomplished in one of two ways; by stipulation or by court order.


As to stipulation, this seems unlikely as, based on your information, it seems unlikely the father would consent to anything.


As to court order, this would be obtained by demonstrating a substantial change in circumstances since the entry of the last order. As the order was entered about six months ago, this could be difficult. Having said that, the allegations are quite serious, certainly the court would have serious difficulties with the father being involved in a sexual relationship with a 17 year old, especially with your children being present.


You would need to file a petition for modification with the court. Ultimately, it would be up to the court to determine if there was a significant change and if that change warranted a modification of the parenting plan.


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. 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.

Expert:  Joseph replied 6 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.


Thank you for your patience.