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  1. #1
    Join Date
    Aug 2013
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    3

    Default My Ex- Doesn't Want Equal Division of Parenting Time

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

    Ex and I have been separated since Jan 2012. Since early 2013 I have had my son 2 days a week, then went to 3 times a week and now i have him 7 days every 2 weeks because of my work schedule. I have him 50% of the time right now, am giving her child support money and on top of it offer to pay 50% of anything my son needs or 100% of it if she cant afford it. Ex still lives with parents, got fired last october and quit her most recent job a few weeks ago. My son doesnt have a bed at her house because he sleeps with his grandparents and there is 6 kids, 5 adults ( 1 pregnant) in a 4 bedroom house which some of the kids have to sleep on the floor in the living room. I live with girlfriend and her 2 kids. My son and my girlfriends son share a room with their own bed each, and the other girl has her own room. My son is in kindergarten at the time and has no problem with the commute to his school which is about 25 minutes from me. My ex is trying everything in her power for me to not have 50%. She found an agreement signed and notarized from feb 2009 of how custody would be because we were going to get a divorce back then and because i was being deployed to japan for 2 years because of the military. She never filed the papers and i ended up coming back 6 months after i left due to injuries and we got back together until Jan 2012. Can she use that agreement against me and can she keep from 50/50 happening?

  2. #2
    Join Date
    Aug 2012
    Posts
    403

    Default Re: My Ex- Doesn't Want Equal Division of Parenting Time

    I don't know if this "signed and notarized agreement" is an official custody order...but if it is, then you need to go back to court and have it changed. If it isn't an official order, and just some kind of agreement, then you need to file for joint custody with equal time-sharing based on the status quo. You may want to at least consult a lawyer, if for no other reason but to see exactly what your "signed and notarized agreement" is.

    Quote Quoting echeverry16
    View Post
    My question involves a child custody case from the State of: Carlifornia

    Ex and I have been separated since Jan 2012. Since early 2013 I have had my son 2 days a week, then went to 3 times a week and now i have him 7 days every 2 weeks because of my work schedule. I have him 50% of the time right now, am giving her child support money and on top of it offer to pay 50% of anything my son needs or 100% of it if she cant afford it. Ex still lives with parents, got fired last october and quit her most recent job a few weeks ago. My son doesnt have a bed at her house because he sleeps with his grandparents and there is 6 kids, 5 adults ( 1 pregnant) in a 4 bedroom house which some of the kids have to sleep on the floor in the living room. I live with girlfriend and her 2 kids. My son and my girlfriends son share a room with their own bed each, and the other girl has her own room. My son is in kindergarten at the time and has no problem with the commute to his school which is about 25 minutes from me. My ex is trying everything in her power for me to not have 50%. She found an agreement signed and notarized from feb 2009 of how custody would be because we were going to get a divorce back then and because i was being deployed to japan for 2 years because of the military. She never filed the papers and i ended up coming back 6 months after i left due to injuries and we got back together until Jan 2012. Can she use that agreement against me and can she keep from 50/50 happening?

  3. #3
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: My Ex- Doesn't Want Equal Division of Parenting Time

    Quote Quoting shortie
    View Post
    I don't know if this "signed and notarized agreement" is an official custody order...but if it is, then you need to go back to court and have it changed. If it isn't an official order, and just some kind of agreement, then you need to file for joint custody with equal time-sharing based on the status quo. You may want to at least consult a lawyer, if for no other reason but to see exactly what your "signed and notarized agreement" is.
    Legally speaking that agreement isn't worth the paper it is written on. If it is not an order signed by a judge, it is just a piece of paper.

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