I have had sole custody for the last 2 and a half years, my ex husband set out the visition schedule at the time of preparation

Asked about 3 years ago - Canada, KY

of our separation agreement. I have always allowed extra time wtih the kids etc. I was recently severed a motion to change requesting joint custody with the kids living with him half time to reduce the amount of child support he has to pay. My children do not want to live with their father, they are 13, 11 and 9. Can this decision be overturned?

Attorney answers (1)

  1. Mary Elizabeth Milek

    Contributor Level 15

    Answered . You use the word decision but I doubt anything at all has been decided. A motion is just a request. Your former spouse could ask for the moon, but I doubt he would get it. I’m not sure about your jurisdiction, but where I am, judges don’t like these 50/50 deals. They just don’t work out very often. The only time it seems to work are when the parents live very close together and they both get along so well, you wonder why they ever got divorced. Hire a local family law attorney and fight his “request”. While you are at it, maybe you should request a few things yourself; maybe a big increase in child support is due.

    This reply is provided for information purposes only and does not represent legal advice or an attorney-client relationship.

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