Should I file for change of custody?

Asked 12 months ago - Reading, PA

My X husb. & I have a 5 on 5 off legal cust. agreement for the past 4 yrs. We both decided to change it out of court for HIS work convenience. We both moved out of the school dist. listed in the agreement, and this yr.I enrolled him in cyber school, due to health issues. I am a homemaker and I am my Son's school coach.The rules for cyber school state only one household can be the classroom for a student. My X has since found a new fling, and seems to be threatening me with going back to 5 on 5 off because he plans to have his girlfriend do the teaching. This is not allowed, and he never is invloved in any or our sons activities, and I fear he would do this out of spite and jeopardize our son's enrollment. My other concern is he won't drop our son off on Sun. evening., but at 5AM Monday AM

Attorney answers (4)

  1. Randi Joy Silverman

    Contributor Level 16

    3

    Lawyers agree

    Answered . You will need to retain an experienced family law attorney to represent you in this matter. There are complicated custody issues that need to be addressed and you may need to file either a Petition to modify the existing order or a Petition for Special Relief if he seeks to change the circumstances that he previously agreed upon. If he refuses to comply with your existing order, you may also need to file a Petition for Contempt. However, an attorney who is familiar with all of facts and circumstances of your case can give you more specific advice and direction.

    My response is based solely on the limited information contained in the question. It is not meant to substitute... more
  2. Susan J. Vandegrift

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . if you want a new order then you will need to file for a modification. It would be beneficial for you to obtain a consultation with a lawyer.

  3. Michelle Ericka Goldstein

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Yes. Based upon the facts provided, I would file for custody to ensure your son is returned in a timely fashion and your agreement is memorialized and enforceable by the Court. I practice in Berks and am more than happy to assist you. Either way, I believe a consultation with a family law attorney is a prudent decision.

  4. Eric Michael Gibson

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I agree you should discuss the details of your case with an attorney first, but yes it may be in your best interest to file for a modification of the existing agreement.

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