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Father ordered to be noncustodial, but parents agreed to a joint plan without modifying the orders


Your Question:
Ok in the papers it states the the mother is suppose to have prim custody(fri, sat, sun, mon) and the father is suppose to have visitation(tue, wed, thurs) but for the past 2 years we have been doing just custody mother(sun, mon, tues, wed)and father(thur, fri, sat, sun) with no child support. my husband and I want it down on paper what we are doing but the mother does not. if we go to court what is the likely hood that we will get it on paper. nevada is a one party state when it comes to recording a conversation and I have been recording for about 3years now and we have statements from the shcool regaurding what days we have the minor child

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My Answer:
Hi,

Nobody except the judge can predict the likelihood that you'll prevail.

If you have clear and convincing evidence/testimony that what you describe is true, it's certainly grounds to seek new orders to reflect the actual situation. In the hands of a competent attorney, and with no reasonable opposition from the mother, you have a strong case.

If you fail, it's possible that the mother may go back on her agreement and instead do what was originally ordered.

The biggest concern I'd have for someone in your situation is if there were orders made for child support. Regardless of what the parents decided thereafter, the father is obligated UNDER COURT ORDER to pay that child support. You need to correct that, since the mother can seek enforcement of all that unpaid child support at any time.

Correcting it means new orders on child support. And new orders on child support are dependent upon new orders on the custodial schedule.

So, if I were in your position, it would probably be a necessary risk to move forward on modifying the orders.

Consult with an attorney. If you lose, you'll likely have pissed off the mother, who can demand compliance with original orders and all the back child support.

Eric





This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.


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