child custody

[Theresa]

I have shared custody of my three children with my ex-wife. When we first seperated I did not have enough money to set up accommodations for the children to live with me half time. I see the children every Tuesday and Thursday and 2 weekends a month. I have asked my ex-wife to give me more time but she refuses to reply. My situation has changed. I now live in the same town as they and their mother and I have a home with a bedroom etc for each of them and I would like to increase my visitation to 50 50. I have sent written request to my ex-wife, but she does not reply. Neither of us can afford to go to court to settle this. Is there any way to change the original agreement without going to court?

[Gbyte]

By agreement is the only way to settle without court.

Is the schedule your following now the one written into the court order?

[tbyte]

An attorney is always helpful, but should not be necessary in a case like this. You can file a motion before the court requesting a modification of visitation to 50/50.
In Ohio, at least, no change in circumstances is required in order to justify a modification of visitation. The only standard is "best interests of the child", and I think you have a good shot at this.
Find some old motions and affidavits from your previous hearings, and use them as templates for the ones you need to write.

Originally Posted by Gbyte By agreement is the only way to settle without court. Is the schedule your following now the one written into the court order?

The schedule is in our seperation agreement. I live in Ontario Canada. Are you quoting me provincial laws for Ontario?

Originally Posted by tbyte An attorney is always helpful, but should not be necessary in a case like this. You can file a motion before the court requesting a modification of visitation to 50/50. In Ohio, at least, no change in circumstances is required in order to justify a modification of visitation. The only standard is "best interests of the child", and I think you have a good shot at this. Find some old motions and affidavits from your previous hearings, and use them as templates for the ones you need to write.

We never went to court. The seperation agreement was drawn up using lawyers and settled out of court. I live in Ontario Canada. Can you advise me based on provincial laws of Ontario?

[Gbyte]

your question is can we change the original agreement and NOT go to court. I think it's pretty universal the only way to change the original agreement without the joint agreement by BOTH parties is to go to court.

You could start by asking her if you can keep the children overnight on the Thursday before your weekend if you don't already have that.

Don't ask to change the agreement....just to keep them overnight. If she agrees, and does it for a while and you still want it in writting, then ask.