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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34996
Experience:  16 yrs. of experience including family law.
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I currently have joint residency of my 2.5 year old

Customer Question

I currently have joint residency of my 2.5 year old daughter. She spends just slightly more than 50% of her time with me. My ex just found out he will have to take a plea deal for 2nd degree burglary charges and he will be incarcerated for a period of 6 months. Upon his release he will serve an additional year of weekend incarceration. I would like to request a modification such that I am granted primary residency. Given how short his sentence is, is this likely? Additionally, will I be able to travel outside of the country with her if he does not give permission while he is incarcerated? I don't have a precise date when he will go to jail and he is unwilling to tell me. Is there a way for me to find out besides waiting and seeing? Also, what exactly do I need to file for once he is incarcerated?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Given his sentence, I would fully expect the court to modify the current order...while incarcerated there is no way your ex can raise the the modification will be granted to ensure the child is cared for by a parent who is not in jail.

As for travel outside the county? That is up to the court...but you can make that request as part of the request to modify the current order.

To make this modification, have a local attorney prepare and present this for you. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Is it likely that once he is released, or just serving weekends, if he can demonstrate that he is an adequate caregiver he will be able to request a modification back to previous joint residency arrangement and be granted this with relative ease? I would like to avoid spending money on legal fees if the only real effect will be that he has to spend money for another modification 6 months down the road.
Expert:  P. Simmons replied 1 year ago.

Yes...once he is released and able to care for the child, I would expect the court to grant him some time with the child. But one way to approach this is you address this up have the modification fit his sentence (so you get full custody while he is in and when released the judge can modify the order)

So you can do this all in one go.

Expert:  P. Simmons replied 1 year ago.

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