What are his options for a modified order for more time/equal time to ensure son gets the attention he deserves? 10 Answers as of June 19, 2013

Child is currently in the primary care of the mother with a court ordered agreement with the father. The minor child (son) is not performing well in school (grades, behavior etc). The mother has no interest in working out a plan with the father to help the child. Mother does not want the son to participate in outside activities that will allow the dad to see the child more than one day a week and every other weekend (current order). The father has asked mother for additional day to see child and mother denies him. Father is also the one who talks with the child's teacher about school and make-up work b/c mother does not help with school/home work and projects and child receives failing grades. Father pays support and mother does not use towards child (child constantly calls from school b/c he has no money for lunch or to attend field trips etc). The father wants full custody but scared that courts work in favor of women and if he loses may potentially make matters worse with the mother and time with son.

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Law Offices of Jill K. Whitbeck
Law Offices of Jill K. Whitbeck | Jill K. Whitbeck
You can bring a motion to modify custody and/or visitation, but you need more hard evidence than what you have stated here. The days of courts favoring women are long gone, in my opinion, with perhaps the exception of some very rural areas. I have achieved joint custody and primary custody arrangements for many of my male clients, as have other attorneys. Your best option is to consult with an attorney in your geographic area to review what evidence you have and how to go about getting more and better evidence that can be used at a hearing. In a situation like this, there is much work to be done before any motion is ever filed.
Answer Applies to: Nevada
Replied: 6/19/2013
Law Office of Carolyn R. Jones
Law Office of Carolyn R. Jones | Carolyn Jones
He should file a Supplemental Petition for Modification of Child Custody and make sure he includes the child's school performance and grades with the petition. He will definitely want to consult with a lawyer. Because there is a very heavy burden of proof when it comes to changes in child custody. Depending on the age of the child you may want to ask permission for the child to testimony.
Answer Applies to: Florida
Replied: 6/19/2013
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
You have a couple of options. You can petition the court for a modification of parenting time and request that you are allowed to spend more time with your son; or you can petition the court for a change in residential custody, in which you will, more than likely, have a GAL appointed to your case (may have been appointed the first time, also) the GAL will testify, either in person or through a written report, as to who he/she thinks would be the better residential parent, and you also will testify as to why you feel the child would be better under your care and supervision.
Answer Applies to: Illinois
Replied: 6/19/2013
Webster & Associates | Anita Webster
In Nevada, there is no gender bias in favor of women. You should speak to a knowledgeable family law attorney about your situation and bringing a motion for a change of custody.
Answer Applies to: Nevada
Replied: 6/19/2013
Kunin &Carman | Ishi Kunin
I do not find courts favor moms. In fact, courts favor joint physical custody. I assumed dad initially agreed to the current schedule making mom primary. He would have to prove that there has been a significant change in circumstance, and that the child's best interest requires a change in custody. Best to speak with a family lawyer to see if there is a case before rocking the boat. Grades are usually a strong reason for the courts. .
Answer Applies to: Nevada
Replied: 6/19/2013
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If you are in Florida, in order to modify the current time sharing or visitation arrangement, there must be a substantial change in circumstances that warrants a modification. You should consult with an attorney in your area in order to best determine how to proceed and your likelihood of success.
    Answer Applies to: Florida
    Replied: 6/19/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    In New Jersey parental rights are "gender neutral". The sex of the parent should not change the results. However, the decision will most likely be based upon forensic evaluations and one should make sure the evaluator truly believes in gender neutrality, before that individual is selected.
    Answer Applies to: New Jersey
    Replied: 6/19/2013
    Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
    To request a modification of parenting time one has to show that the child is in some sort of danger whether physical or mental. One can go to the court and attempt to prove the danger. There is no legal requirement that the mother use child support in a particular way or that she has to give an accounting of where that money is spent. Full custody is rarely given to anyone barring domestic abuse or child abuse. The presumption in Minnesota is that a child is best served by being with both parents.
    Answer Applies to: Minnesota
    Replied: 6/19/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    You are entitled to file a modification suit if you can prove there has been a significant change of circumstances since the date of the last order and changing the existing order is in the best interest of the child. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 6/19/2013
    Law Office of Jay R. Mueller
    Law Office of Jay R. Mueller | Jay Mueller
    Basically you would file a motion to modify based upon what you have mentioned and request a hearing.
    Answer Applies to: New Mexico
    Replied: 6/19/2013
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