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Can You Make Changes To The Parenting Time Order Without A Modification?

Friday, 29 June 2012 00:00

Noblesville Indiana Divorce LawyerQuestion:

My ex-wife wants to modify our parenting time schedule and change the weeknights I have my children.

There is no valid reason that I know of and there has not been any significant change in circumstances.

Can she make changes like this to the decree without my consent?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child custody laws where I am licensed to practice.

If your decree specifically states the days on which your weeknight parenting time is to occur and has been signed by the court, then a unilateral modification of the decree would not be permitted.

Courts typically like to see cooperation between the parties so if the change is requested in order to allow the children to attend an extracurricular activity or if your former spouse's work schedule has changed, for example, the court may not look favorably on one party withholding consent to such a change.

Divorce Resources:
State Child Custody Laws

If there is no such reason provided for the change, if your former spouse withholds parenting time, or attempts to make a unilateral change to the decree, then you may be able to pursue an action for contempt.

In order to modify the specific terms of the decree, the parties must agree in writing to the modification or one party must file a Motion to Modify Parenting Time with the court.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.

Comments (1)Add Comment
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new york law expert
written by rick maio, July 03, 2012
new york is the same. An order of contempt is likely. You may even ask for a change in custody if the reasons for trying to make a unilateral modification with the intent to usurp your decree.

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