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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I live in Omaha, NE and currenlty have joint custody of my

Customer Question

I live in Omaha, NE and currenlty have joint custody of my two children with my x-husband with no child support arrangement. In February 2012 my children (ages 15 and 14) refused to go back to their father's house due to serious domestic issues between my x-husband and his wife. Since that time my x-husband has contributed $0 to our children, has made the effort to see them only half a dozen times, calls very rarely and refused to continue with therapy sessions set up spefically to help mend the father/child relationship. At this point, am I still required to file Modification to the Parentlng Plan or would this be considered abandonment and I can by-pass the whole mediation/trial process and get full custody? I don't care about child support I just want to have it writing to prevent any legal issues down the road like if my job wants to tranfer me and he refuses to let us move or something like that.
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - I'm not certain how this would help if you were transferred since the father would have the right to object whether you have custody or not. If you want to have the custody order changed you have to do it by filing a motion with the court for modification. If the father will agree you can do it with an agreed order and if you want to waive child support the court may allow that so long as you are not receiving any state aid which the state would want to recoup in the way of child support. The other option is to continue as you are and if the need for full custody arises in the future you can always file the motion if child support is not an issue. Obviously if the father decides he want to exercise his custodial rights you are going to need to file for full custody and the children are certainly old enough to make their wishes known to the court.
Customer: replied 4 years ago.

Being transfered was just an example and not an actual issue. I recieve no federal aid and am willing to guess my salary is greater than my x-husband's. I was just hoping for a less expensive avenue to change the parenting plan but since my x-husband and his wife are becoming increasingly unstable I will proceed with finding an attorney. Thank you for your time.

Expert:  Dave Kennett replied 4 years ago.
No problem. There simply is no way to change a court order other than to go through the court. As I said, if you can get the father to agree it makes things a lot simpler and far less expensive. Thanks for using our service - Dave