I’m getting ready to file a complaint for absolute divorce being the my ex and I have been separated for over 1yr. At the start of our separation he filed a consent order with the help of his attorney granting him care, custody, and control of our 3 minors children. At the time of our separation I had no permanent residence and had left under the advisement of my therapist, my children were in no physical or emotional danger, therefore I did not contest the consent order. During the period of our separation the father and I have had equal say in all decisions regarding the children. There have been a few incidents that I have concern over i.e. school performance,lack of Dr visits,etc. The father has now agreed to granting joint custody of the children while maintaining physical custody for the majority of the school week.We are both representing ourselves in the divorce proceeding as he can non longer afford legal counsel. All this being said, what is the best way to move forward in order to modify the consent order?
Would a martial separation agreement filed with the complaint for the divorce super-seed the consent order filed at the time of separation???
If there is a consent order on custody then you should file a motion to modify custody.