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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

Posted

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

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Posted

He wont negotiate with me, he don't even let me see or talk to my son

Posted

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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Posted

Well the thing is I was still with my husband after the divorce and he reassured me that that I would always have my son. Even when he was married we were still seeing each other but I wasnt told till 3 months later so I didnt have the means to change it but now I want to be able to fix what he talked me into.

Posted

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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Posted

He got married so quick and we were still seeing each other when he was married but he never mentioned it to me. I found out 3 months later by his sister. While we were getting divorced he reassured me that I would always have my son and he would keep him but would just want to see him when he can. Now he went against his word so I want to fix it!

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