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  1. #1
    Join Date
    Dec 2012
    Posts
    7

    Default How to Get a Judge to Change a Parenting Plan

    My question involves a child custody case from the State of: montana

    My child is almost two years old. And I would like the judge to change our current parenting plan.
    the father gets his son every weekend but its been an issue. He does not have a valid drivers license
    He dosent always have a ride to pick up his son and his current gf who use to give him rides stated
    To me my son is not her responsibility and she dosent have to do anything which makes me not trust
    Her with my child. I would like it to be every other weekend I do the majority of the driving which he lives
    60 miles from me. And were suppose to meet half way but with him not having a licenses makes it hard
    for him. I do not have a lawyer and am doing this alone and wondering if a judge would agree to the
    New parenting plan. Any tips would help!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Parenting Plan and Changing It

    Is Dad exercising the current order?

  3. #3
    Join Date
    Dec 2012
    Posts
    7

    Default Re: Parenting Plan and Changing It

    When he wants to. Hes always changing times and dates to pick up his child or nit taking him at all cause he dosent have a ride

    - - - Updated - - -

    For example today he was suppose to meet me at our half way point with our son but called me this morning with no ride. And this has been happening every Sunday. And ofcourse I do it. Hes my child. Its just upsets me that I follow the parenting plan always no matter what and he never has

  4. #4
    Join Date
    Dec 2012
    Posts
    10

    Default Re: Parenting Plan and Changing It

    In most cases the parenting time/ guidelines are just that, guidelines. I went court with my husband because his ex was having issues following the "plan". The judge granted us the right to change plans as long as both parties agreed without having to go to court everytime. I will tell you from experience, try to get all changes in writing between you two. I know it's hard when only one parent has transportation at least your not keeping the child from him.
    Best of luck!

  5. #5
    Join Date
    Dec 2012
    Posts
    7

    Default Re: Parenting Plan and Changing It

    He wont agree with me on anything that's why I think it best to write a letter to the judge

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Parenting Plan and Changing It

    You can't just write a letter to the judge. That's called an "ex parte" communication and it won't even reach the judge's desk.

    @Mediator - actually, once ordered, parenting time/guidelines are actually ORDERS.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Parenting Plan and Changing It

    Ex parte communications often do reach the judge's desk, and judges have different approaches for dealing with them (circular file, sticking in an envelope in the file, copying and sending copies to the other parties....), but they're not motions and they won't be considered as such. When you litigate, all parties are to be included in your communications with the court. If you want to modify the current custody order, file a motion, serve your ex-, and notice it for hearing.

  8. #8
    Join Date
    Dec 2012
    Posts
    7

    Default Re: Parenting Plan and Changing It

    That's what I'm doing filing an ammended parenting plan and attached to it is a letter and times and dates the father has not followed the plan. What I wanted to know if hes not following it and dosent have a licenses and not always a way to pick up the child is that enough reasons for it to be changed

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Parenting Plan and Changing It

    That'll be up to the judge.

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