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  1. #1
    Join Date
    Aug 2020
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    Default Modification in Wv After Just 30 Days

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

    My husband and his ex went to court last month for a modification of parenting plan. Due to some unfortunate circumstances, they both agreed that it was best for their child to live with his father, and for the father to have full custody and decision making, and also allowing the child to see their mother on their terms. The child who is over 14 expressed those wishes as well. Over the last month the child has asked to spend time with both his maternal grandparents and his mother. Being the summertime, we saw no problem in that. The child is now, after one month, wanting to change the custody again and go back to living with their mother. There has been no extraordinary change in circumstances. What is the likely hood that the judge will change the agreement after just 1 month?

  2. #2
    Join Date
    Oct 2016
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    4,233

    Default Re: Modification in Wv After Just 30 Days

    Quote Quoting wvstepmom
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    My question involves a child custody case from the State of: WV

    My husband and his ex went to court last month for a modification of parenting plan. Due to some unfortunate circumstances, they both agreed that it was best for their child to live with his father, and for the father to have full custody and decision making, and also allowing the child to see their mother on their terms. The child who is over 14 expressed those wishes as well. Over the last month the child has asked to spend time with both his maternal grandparents and his mother. Being the summertime, we saw no problem in that. The child is now, after one month, wanting to change the custody again and go back to living with their mother. There has been no extraordinary change in circumstances. What is the likely hood that the judge will change the agreement after just 1 month?
    Close to zero given the facts as you have stated.

  3. #3
    Join Date
    Oct 2006
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    16,389

    Default Re: Modification in Wv After Just 30 Days

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

    My husband and his ex went to court last month for a modification of parenting plan. Due to some unfortunate circumstances, they both agreed that it was best for their child to live with his father, and for the father to have full custody and decision making, and also allowing the child to see their mother on their terms. The child who is over 14 expressed those wishes as well. Over the last month the child has asked to spend time with both his maternal grandparents and his mother. Being the summertime, we saw no problem in that. The child is now, after one month, wanting to change the custody again and go back to living with their mother. There has been no extraordinary change in circumstances. What is the likely hood that the judge will change the agreement after just 1 month?
    While I pretty much agree with the previous response, I would probably run it by a local family law attorney, just to be certain.

  4. #4
    Join Date
    Jul 2018
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    2,605

    Default Re: Modification in Wv After Just 30 Days

    Quote Quoting wvstepmom
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    they both agreed that it was best for their child to live with his father
    Quote Quoting wvstepmom
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    allowing the child to see their mother on their terms . . . and go back to living with their mother
    In the first sentence of the post, you indicated (by using the pronoun "his") that the child is a boy, but you then started using plural pronouns. Is there more than one child involved here? If not, what is the reason for improperly using plural pronouns?


    Quote Quoting wvstepmom
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    The child is now, after one month, wanting to change the custody again and go back to living with their mother. There has been no extraordinary change in circumstances. What is the likely hood that the judge will change the agreement after just 1 month?
    Just because the child has changed his mind? There is no chance of that. Is the mother indicating that, because the child has changed his mind, she will petition the court for a change of custody?

  5. #5
    Join Date
    Feb 2020
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    620

    Default Re: Modification in Wv After Just 30 Days

    Quote Quoting pg1067
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    In the first sentence of the post, you indicated (by using the pronoun "his") that the child is a boy, but you then started using plural pronouns. Is there more than one child involved here? If not, what is the reason for improperly using plural pronouns?
    Beware of grammar trolls!

  6. #6
    Join Date
    Oct 2014
    Posts
    8,144

    Default Re: Modification in Wv After Just 30 Days

    Quote Quoting wvstepmom
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    The child is now, after one month, wanting to change the custody again and go back to living with their mother. There has been no extraordinary change in circumstances. What is the likely hood that the judge will change the agreement after just 1 month?
    There is no chance of that just because the teen decides he wants a change. While the court may take a teen's views into account when the parents have a custody case pending, the teen himself is not a party to the custody proceeding and cannot bring an action to change custody. So are either of the parents already wanting a change? If not, then the teen has to just suck it up and do what his parents and the court have already agreed to do.

    If one of the parents does want to reopen the matter, they'd need to show more than just that the teen changed his mind. Teens are known to change their mind on what they want pretty often; that's just part of being a teen. If they let the kid back with the mother, I wouldn't be surprised that a month later the kid wants to change back to the father. The parent seeking a change would need to show some significant change of circumstance apart from the teen's wishes to have any shot at it.

  7. #7
    Join Date
    Aug 2020
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    2

    Default Re: Modification in Wv After Just 30 Days

    Just because the child has changed his mind? There is no chance of that. Is the mother indicating that, because the child has changed his mind, she will petition the court for a change of custody?[/QUOTE]


    Yes, she is going to petition because the child changed his mind.

  8. #8
    Join Date
    Jul 2018
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    2,605

    Default Re: Modification in Wv After Just 30 Days

    Quote Quoting wvstepmom
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    Just because the child has changed his mind? There is no chance of that. Is the mother indicating that, because the child has changed his mind, she will petition the court for a change of custody?

    Yes, she is going to petition because the child changed his mind.[/QUOTE]

    If that actually happens, then the father will want to retain an attorney of his own.

  9. #9
    Join Date
    Oct 2006
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    16,389

    Default Re: Modification in Wv After Just 30 Days

    Quote Quoting wvstepmom
    View Post
    Just because the child has changed his mind? There is no chance of that. Is the mother indicating that, because the child has changed his mind, she will petition the court for a change of custody?

    Yes, she is going to petition because the child changed his mind.[/QUOTE]

    Then the devil will be in the details...maybe even in the minutia. If I were mom, I would probably put the child in counseling so that an objective third party was involved. I might do the same if I were dad as well.

  10. #10
    Join Date
    Oct 2014
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    8,144

    Default Re: Modification in Wv After Just 30 Days

    Quote Quoting wvstepmom
    View Post
    Yes, she is going to petition because the child changed his mind.
    If that is the only thing that's changed she's almost certainly going to find that the court won't grant the request. The kid should not be given the idea he'll get whatever he wants everytime he changes his mind. Frankly, the mother should not be enabling that mindset either.

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