Currently we have 50/50 possession that was agreed upon during our divorce. A modification has been filed to change possession due to a move, kids changed schools, and an hour commute (each way) is a lot on the kids. If we can not agree to keep 50/50, will a judge order it to continue? Trying to get mediation scheduled, however, ex is being difficult and may not agree to mediation.
That is an interesting question. I think it probably varies, judge to judge. Some judges will stick with the family code and apply the ESPO (expanded standard possession order) unless there is an agreement. Others will look at the status quo and may order it to be kept in place. Ultimately, it should come down to best interest of the children. Generally speaking --and especially in Austin--if you are going to do an ESPO or a 50/50, it is helpful to live within 10-15 miles of each other, due to Austin traffic. The judges are keenly aware of this and I think they do take it into consideration. I recommend visiting with a family law specialist in the area to get some specific advice about your situation. Good luck!
The parties always have an opportunity to come to mutual agreements. However, a school change may be a factor that is material and substantial enough for the court to consider the change from 50/50 to other options. I’d recommend having a lawyer who can argue the benefits to having a change. The commute, plus school activities and outside obligations, may be enough to warrant a change.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline