you wold need to file a Petition to modify the PP proving a substantial change of circumstances since the last order was entered.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
It would be a motion as part of a Petition to Modify. However, it is impossible to tell you if you would win this motion because there are absolutely no facts to support it.
Before you file something like this you need to carefully consider the consequences of your action. The most important one being the affect it will have on your child(ren). The next is the termination you might have with your ex in the future. An additional consideration is what happens if you lose and the court does not enter the order. All of these are important.
I suggest that before you do anything you talk to your lawyer and if you do not have one that you get an experienced lawyer to advise you on this matter.
Your question lacks enough information to give you a more direct response other than that provided by the two previous attorneys--both of whom advise that a modification seems to be what you are seeking. It is not uncommon for the new spouse of a party to run interference where parenting is concerned. I have seen orders that specifically work to minimize the interference--but you will need something persuasive to get the clause you seek. First, make sure that you are not required to participate in mediation prior to filing a modification action. I encourage you to consult with an attorney to determine if your facts might support your modification.
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