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  1. #1
    Join Date
    Mar 2012

    Default Change in Custody Order

    My question involves a child custody case from the State of:
    My ex-wife and I have a 50/50 parenting plan and custody. the plan states 1week with her and 1 week with me. for the past 2 yrs the child has solely been with me and she has only seen him about 13 times in those 2 yrs. Can I go back to court to get sole custody of my son and child support? Can I get back child support since she has not followed the court's decision? I have kept good records of the times she has seen him.

    Thanks for listening and helping.

  2. #2
    Join Date
    Mar 2012

    Default Re: Change in Custody Order

    Custody and Support Laws vary by State. You didn't indicate what State you're in (or rather what State the Order is entered).

    Any response to your query would be speculative without knowing the State.

    So, given that, just speculating, yes, you could file a Motion to Modify Custody and Support. It's doubtful that you could ask for back child support, since there was no order in place during the time you had the child full-time.

    The time for you to have addressed her failure to follow the Court Order was back when she failed to follow the Court Order. You can't unring a bell.

  3. #3
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Change in Custody Order

    As a general rule you will be able to go back to court and ask that the court issue a new custody and support order that is consistent with the status quo - the manner in which you and your ex- are actually dividing custody. Sometimes the filing of the order will inspire the other parent to start insisting that the custody order be followed to the letter.

    You will not be able to get the court to retroactively modify support. You should expect that modification will start no earlier than the date of your petition.

    Given that we don't know your state or how your spouse might react to a motion to formalize your custody practices, it makes sense for you to consult a family lawyer in your state.

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