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My ex is beyond difficult. They are asking me to agree to…

My ex is beyond difficult...
My ex is beyond difficult. They are asking me to agree to timeshare modifications in the best interest of our daughter, but refuse to disclose detailed schedule information regarding his availability. I think those details are pertinent in order to assess what is "fair" in terms of actual parenting time and be able to make a decision regarding best interest of the child (she is 2). The history is the OP travels for a living, was rarely previously around, yet has an extreme interest "to get more time". He has severely abused a previous first right of refusal clause, I work a normal schedule...i.e. He would claim FROR, have me deliver the child, then turn right around and drop the child off to his parents not utilizing the FROR....and in exchange he would keep the child, leave her with his parents during his scheduled timeshare and not offer to me FROR. Obviously I've been living what I would call a double standard (and a hellish nightmare of contentions, lol) From experience, I have been led to believe our daughter is being used as more of a pawn in this divorce. He is also trying to get sole custody. So anyways, my question goes back to how can I make a decision (whether agreeing or not) to a timeshare schedule if I have no idea how much of that supposed time he is requesting is even being utilized and if would be in our daughter's best interest? We live about 50 miles apart. I feel like he is being shady about the schedule so he (actually being his parents) can get more time (this I won't) and he doesn't like to follow agreements and typically exhibits coercive control.
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Answered in 13 minutes by:
3/20/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,597
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this; you are correct in that it is virtually agree to something if the parties do not know the terms of the proposal.
For example, a contract requires an offer and an acceptance, and the offer and acceptance (or counteroffer) must be clear enough that the court may, if it is breached, enforce the terms of that contract.

So even though timesharing is not technically a contract since it will need to be reviewed by the court, the court will still expect the proposal/stipulation to provide enough detail so that the court can determine if the agreement is in the child's best interest.

If a person proposes a modification to a schedule without a substantive proposal, the court may deem it frivolous and may sanction such party-which may include an award of attorney fees and costs incurred in dealing with that issue.

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Customer reply replied 3 months ago
Wow, can you come to KY and be my attorney? No one seems to get this like you just described and you nailed it on the head. How can I "prove" this to the court?? Nothing I have done has seemed to help me so far.

Well, the party that is asserting a fact, or requesting the court for assistance (ie filing a modification of parenting time for example) has the burden of proof;

so if the party has vague requests, the court really won't know what the request is for and that puts the court in a position where they can't really "grant" the request; as such they will typically dismiss it.

Now it is possible to petition the court and request the court to determine what arrangement is in the child's best interests (as opposed to offering a certain schedule) but to agree to modifications that aren't specified is not a practical solution; one can always state that they are willing to consider modification proposals, sort of like a letter of intent that is signed before a contract is executed- but does not have much legal weight - it merely indicates a good faith intent to try and make arrangements, as opposed to blindly agreeing to unknown proposals.

So for example if the other parent requests a modification, the responding parent may:

1. assert the current schedule is in the child's best interest

2. set forth their desired schedule.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,597
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