Skip to main content

What do I propose for modification of 50/50 parenting plan when petitioner has denied all parenting time for over one year?

Colorado Springs, CO |

Original MOU 50/50 schedule- was not working for the kids. After two years of forcing 50/50, Petitioner and I verbally agreed to a schedule change for kids' needs. This schedule change occurred CONSISTENTLY for EIGHT MONTHS, with SIGNIFICANT IMPROVEMENT in kids' behavior, health and wellbeing. I asked him for Agreement and Support Modification, then he started denying the kids' visits. He has refused all parenting time for one year. The kids want time with him, he refuses, blames me. Petitioner had signed our Stipulation to Modify, but was already forfeiting his time so I did not sign. What modification do I propose? What schedule would judge view as best interest?

Attorney Answers 3

Posted

Woah, way too many questions to answer on a blog post like this. You simply must sit down with an attorney and go over the initial MOU and the modification to the MOU. If he is going to try to bully you, you are not going to get anywhere by simply proceeding on your own - as I think that you have already found out. An investment in an attorney will be well worth it and might just be the best decision of your life.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

Mark as helpful

5 lawyers agree

Posted

You cannot force the other parent to exercise parenting time. If he is refusing to exercise, you will probably need to propose that he not have parenting time and child support should be modified accordingly. If this prompts him to work with you, you can work on a more moderate parenting plan.

If this is important to you, you really should retain an experienced family law attorney to assist you.

You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Mark as helpful

7 lawyers agree

Posted

You may want to file the stipulation you already have, get an order from the court approving it, and then file a motion to modify child support. But you really should gather up all your paperwork and sit down with a competent family law attorney in your area and discuss your situation before doing anything.

www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

Mark as helpful

5 lawyers agree

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics