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  1. #1
    Join Date
    Feb 2011
    Location
    Virginia
    Posts
    604

    Default Re: How to Change an Order when Other Parent is Not Using Their Time

    If your court order provides for a seven-day block of time that belongs to dad, and he wants to take child out-of-state during that time, he is allowed to do it. If it doesn't provide for that time, he cannot (or, at least he is going against the order if he does).

    Read your court order, and follow it, as has already been advised.

    But... It sounds like you need to file to have it changed. Is there some sort of temporary issue/credible reason why dad is not caring for.child.during all of.his time? (It doesn't sound like it, especially considering the length of time this has been occuring compared to the age of the child). If you think that dad is going to continue this pattern, then you should absolutely file to have the order changed. And if dad isn't shouldering his half of the responsibility for caring for the child, which would naturally include the financial aspect of providing for the child during his time, then you should seek support as well. You will likely need to change the parenting schedule and support together.

    The biggest thing you need to do right now is gather up all of the documentation you have about hiw often (or rather, not often) dad cares for baby. You also should seek the help of an attorney if possible..

  2. #2
    Join Date
    Feb 2013
    Posts
    7

    Default Re: How to Change an Order when Other Parent is Not Using Their Time

    It's either that he's busy or he's not ready to "give up his life". So he does that while I am home raising our child. He is out having fun and dating and partying and rarely calling or asking about his child but blaming me for his absence even though I have begged him to see him and even told him I will bring him any day. When he goes I supply everything he needs. I am pretty sure it will be this way for a long time because he thinks he is doing everything perfectly.
    He is supposed to get 1 week during the summer and give 30 day notice. I don't feel like he should be able to do that firstly because he didn't even give adequate notice. I feel it needs to be changed because he has shown that he can't fulfill the duties assigned to him in the original plan. He shouldn't be allowed to do anything I'm uncomfortable with the same way I don't do anything he isn't comfortable with. I am definitely going to look into a change, because him being in and out is not good for my child.

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