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Roger, Attorney
Category: Family Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husbands x has filed a motion to modify to gain more placement

Customer Question

My husbands x has filed a motion to modify to gain more placement time with her which then would give her more child support. Currently, my husband has their son 4 days during the week and one weekend per month. None of the reasons she listed in her original motion were true, such as the child doesn't compete homework assignments with dad (we are both teachers). She has threatened repeatedly to not allow my husband his weekend visitation time. She denies dad information regarding school and social activities thus limiting dad's involvment. She makes up lies about everything from her work hours, the time she leaves the child alone, and creates stories of things that make my husband look bad and aren't true. . He has tried very hard to make the situation workable, but she wants to make it difficult.. My husband does not want to lose any time and for the child's emotional safety would like to gain time. Where do we start?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.
Hi - my name is Kirk and I'm a Family Law litigation attorney here to assist you.

In order for the mother to seek a modification of the child or spousal support order, she must be able to prove that some material change has occurred that warrants a change in custody or visitation. If the mother cannot establish a material change in circumstances, the court should not allow the motion to proceed.

If there has been some material change - like a move, a remarriage, abuse, parental neglect, etc. - the judge is required to do whatever is necessary to make sure the child's best interests are protected. The judge will consider each parents character, home environment, financial stability and the preference of the child. The ultimate factor is to do whatever is in the child's best interest.
Customer: replied 5 years ago.
My husband and I were married nearly 2 years ago and she filed the motion at that time. She has told so many lies about my husband and his parenting and there are a large number of people that cas testify to that. We have lots of documentation showing where she has denied visition or made it difficult. She fails to share information about the child's activities making it difficult for my husband to attend. What of this information is truely relevant and where should we start?
Expert:  Roger replied 5 years ago.
He will have the opportunity to challenge and refute any allegation made against your husband. As for what the court considers, the judge is not supposed to give more weight to one issue over another. Instead, the judge is supposed to weigh all issues and do what he/she believes is in the child's best interest.

Unless his ex-wife can prove that the children are in some danger or suffering under the current arrangement, the court is not likely to change anything - especially if your husband can disprove the allegations made against him.