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My son is going to be 2 in November, can I get my divorce modified?

San Antonio, TX |
Filed under: Divorce

My husband and I hot divorced last Oct. and got married two months later. Now I have joint custody of my son with my ex husband l, and he gets to have him a whole month out of the year even two but I feel hes too young to be away from his other brother and I. I want my son to be a bit older to be staying with his dad, also because its not him who stays home with him its his wife.

Attorney Answers 3

  1. What does your settlement or judgment say? You have to follow it unless you can negotiate a change.

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  2. You need to read your divorce papers and follow them. If you don't agree visit the lawyer who drafted them and see if there is any basis at all for modification. Usually you cannot modify this soon after divorce but it is worth a trip to his or her office to discuss.

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  3. You have a couple options:

    1. You can reach an informal agreement with your ex about the custody schedule. Your ex does not have to agree to anything different from the decree but it is definitely worth discussing.

    2. Try to modify the court order. You can petition the court to modify the possession schedule but courts generally will not grant a modification when it has been less than a year since the order was issued unless something significant has changed in the parenting relationship or with your child to justify such a quick change to the order. This can be a very expensive route to take and there is no guarantee of success. If you decide to go this route then you should hire an attorney to represent you. Modifications are often more complex than the divorce so they rarely make for a good do-it-yourself legal situation.

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