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Submitted: 1 year ago.Category: Family Law
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3/15/2016
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
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Customer reply replied 1 year ago
Does a Jpa. Have to be modified if one party wants it?
How much weight does the old jpa have ?
If one party wants to keep status quo
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

What state is this in? And can you tell me more about the situation?

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Customer reply replied 1 year ago
Will county IllinoisDivorced for 1 year parenting argreement in effect 3 yearsMsa says child goes. To my school but can be netowtisk she has custodial. Right as she she sleeps there during the week but the school is in my district so my ex drives her
Since I moved my ex wants to change jpa we split time 50-50 she wants more timeI'm fine with Jpa as currentHow much weight to the old msa !
Mediation was past discuiss
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

Was the parenting agreement initially a temporary order and later a final order entered with the divorce? If the FINAL order was in the last two years, it would be hard to modify the order. The standard to bring custody modification proceedings within two years is the “serious endangerment” standard. To meet this standard, she woulde not have to prove that the current custodial arrangement has seriously endangered the children. She only needs to establish that there is reason to believe the child's present environment may seriously endanger his physical, mental, moral or emotional health. If she can do so, she may proceed with a modification action. If the final order is more than three years old, the standard is even easier.

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Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

After two years, she needs only show a substantial change in circumstances that affects the children's best interests.

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Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

Do you have any other questions?

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Customer reply replied 1 year ago
The divorce was final April 2015If the final order says the child is with the father for school but can be. Be discussed with further mediation. What are the Chance of the mother can gaining control. Of where the child goes to school just - year after the final order
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

Does the order name the school the children will attend, or simply say that the children will go to the school in your district? (The standard I described above was in reference to a modification in primary placement of the children, not a minor change like a change in schools.)

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Customer reply replied 1 year ago
It says the child will attend the school where' the father is living
Currently she attends. That school where I live but mom is custodial parent because more sleeping nights are with her
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

She would have to show how the current order is harmful to your children. She could do this either by showing that you now live so far away that 50/50 is no longer practical, or that the new school in your area is substandard and will harm the children.

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Customer reply replied 1 year ago
I live about 25 miles away I drive daily to see her after school since it's my time with her it doesn't affect her at all as far as driving .so I would imagine a mediator would side with me on school and. Status quo on 50-50 parenting time your opinion ?
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

Why do you travel so far to the school, if your daughter is going to school in your district?

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Customer reply replied 1 year ago
I moved 25 miles away last week
My daughter stays at my ex s house during the week to attend school. But the school she attends is the. school in my district
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

In the district where you live now or where you used to live? Or does your district span 25 miles?

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Customer reply replied 1 year ago
I moved 25 miles away it is a new school district. My daughter will be going into 6 th grade. So a new school regardlessIf the order it says. My daughter will go to the school on my district but also discussed at Future mediation
Can I have her go to school where I live ?
The order is 1 year old
Because I moved away that doesn't take away. My time to be with her ?
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

It does not take away your time, and the order, as you describe it, does allow you to transfer your daughter to the school in your new district. Now, your ex is allowed to ask the court to stop you, but your making the transfer would not violate the court order or any law. Her request would be for a modification, not to get you in trouble, such as with a contempt of court motion.

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Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

If you have no further questions, I would appreciate if you would rate my answer so I may get credit for my work.

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Customer reply replied 1 year ago
her request to modify the court order in regards ***** ***** school. Even though she can ask
Would have to be. Significant ?Also to modify the. Jpa agreement in regards ***** ***** time with my daughter wouldn't happen if I am still willing to drive to see her 25 miles vs 2 miles before ?
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

Correct.

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Customer reply replied 1 year ago
If this went to a judge could I call witnesses ?
The part of the order which allows her to go to go to the school where I live vs her right to modify wouldn't change unless significant ? A mediator. Would tell my Ex that vs a judgethe mediator would make. That recommendation. To the court ?
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

You could present affidavits but not witnesses.

Mediators are hit and miss. Some are good, some are not. Some understand the law, some don't. So it's possible that a mediator would be helpful, but no guarantee.

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Customer reply replied 1 year ago
Obviously. Since there is a jpa and msa in effect the mediator can't deviate from that. ?From what I understand. Judges are reluctant to modify a lot unless they need too?
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

Well, a mediator helps you establish a new agreement. So, by definition, the mediator is suggesting a deviation from the current order.

It is my experience that judges are reluctant to modify.

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Customer reply replied 1 year ago
the mediator
Can suggest but it really falls on deaf ears as the msa and jpa is Already in effect
I have the upper hand in regards ***** ***** school. And Current agreement. ? As long as there is no significant reason too and 25 miles apart isn't that reason.
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

That is how I see the situation, yes.

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Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

The mediator has no power. You have the upper hand in regards ***** ***** Without a significant reason, she cannot modify. I do not see how the 25 miles could be a significant reason.

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Customer reply replied 1 year ago
Do I have to accept mediation if if is suggested by my ex ?
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago

Only if your court order or your local court rules already require it.

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S. Kincaid
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
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Experience: I have practiced family law since 1996, focusing on child custody and domestic violence

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