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To sum it up. My husband and I are going through divorce and…

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To sum it up. My...
To sum it up. My husband and I are going through divorce and custody of our 3 girls age 10, 8, and 6. There was a domestic assault on him towards me last March. Since then he has gotten the kids on a weekend rotation. There is a no contact order on him through the courts. Last week, a day before trial him and his attorney came back with a proposed parenting time schedule. I did not like it but felt pressured to sign and did. Now I don't want that. I think we should have just gone to trial. There is a long history of my husband including showering with the girls and taking out a gun to threaten me. The judge has not signed yet. My sister wrote the judge a letter but I just found out it will not help because of third party. Is there a way the judge will take into consideration all this or does he read the decree and just sign? I am desperate and don't know what to do. My attorney says since it's signed we would have to amend it later. Wouldn't it be easier to get it all done now.
Submitted: 8 years ago.Category: Legal
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Answered in 7 minutes by:
6/14/2010
Lawyer: Ellen, Lawyer, Consultant replied 8 years ago
Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,

 

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

 

You will want to have your attorney immediately revoke your consent to the agreed parenting schedule. If you do not, the judge will typically assume that since the parents have come to an agreement, that the agreement is in the best interest of the children.

 

 

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Customer reply replied 8 years ago

I can still do this as long as the judge has not signed? My attorney told me since I already signed I would have to amend it later.

Will the judge even take into consideration the letter my sister wrote?

If we would then go to court will the judge take into consideration the domestic? My husband is getting around 37-40% but first right to parent. I work 12 hour shifts so he would end up getting them a lot. My attorney is looking at it as a % for child support. I just want my kids. Thanks!

Lawyer: Ellen, Lawyer, Consultant replied 8 years ago

I can still do this as long as the judge has not signed? My attorney told me since I already signed I would have to amend it later.

It would be easier for your attorney if you filed for a modification at a later date however it likely would not be best for your children or for you -- "There is a long history of my husband including showering with the girls and taking out a gun to threaten me." Your attorney can tell the judge that under the circumstances you felt pressured to sign

Will the judge even take into consideration the letter my sister wrote?

I do not know. It is the choice of the judge

If we would then go to court will the judge take into consideration the domestic?

Typically would be a major consideration

My husband is getting around 37-40% but first right to parent. I work 12 hour shifts so he would end up getting them a lot. My attorney is looking at it as a % for child support. I just want my kids. Thanks!

I wish you and your children the best

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Customer reply replied 8 years ago

How does a modification work? Is it harder to get it later? Or would it be similar to what I would have to do now and revoking?

Thanks for your time.

Lawyer: Ellen, Lawyer, Consultant replied 8 years ago
A modification is based upon a change in circumstances affecting the best interest of the children. You will need to convince the court that something is different at the time of modification then when you agreed to the parenting plan and that difference requires a modification in the parenting plan. Typically it would be best to make your changes now.
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