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amending a custody agreement?

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Old Apr 16th, 2008, 10:03 AM     #1
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Default amending a custody agreement?

When my ex-husband and I divorced, we agreed in the papers that we would
share custody, one week at a time, with no one paying child support.
Verbally, we always agreed that once our daughter started school, she would
stay full time with me and visit him every other weekend and one night
during the school week. I still allow him to keep her until 8 p.m. after
school on the weeks that used to be deemed \"his.\" However, with
after-school activities, my ex-husband may take her to the activity, but I
pick her up. I feed her dinner. I put her to bed. I get her up the next
morning and get her ready for school. My daughter is definitely with me at
least 51% of the time. I\'d say it is more like 75% of the time. I want to
know if I would qualify for child support if I decided to take my ex-husband
to court to get the divorce papers changed. And would a judge change them?
My daughter is not in an un-healthy environment at any time, but my
ex-husband and I are following through with our verbal agreement, so actual
custody has changed (just not on paper.) I just can\'t afford to pay for a
lawyer and lose the case and make my relationship with my daughter\'s father
any more uncomfortable. If you have any advise, I would appreciate it.
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Old Apr 16th, 2008, 06:19 PM     #2
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Default Re: amending a custody agreement?

What you agreed in the papers is irrelevant. What do your court orders say?
If you wish to go back to court to change the orders, you will need to show that there has been a significant change in circumstances justifying a reassessment. Once it has been established that a reassessment it justified, however, the father has every right to try to sway the change in his favor as well.
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