My ex-husband and I divorced a year ago. At that time, we had a separation agreement that was signed by us both and incorporated into our divorce. That agreement laid out custody and child support for our three children, listing me as having sole physical custody and us having joint legal custody.
Since February, my ex-husband has been paying only 3/4 of his agreed upon child support. As such, I filed to have child support enforced. As soon as he was served that paperwork, he began sending me emails asking to modify our visitation agreement to grant him more time with the children.
I denied his request via return email on the basis that we have an existing agreement and I feel that any change in schedule would not be in the best interest of the children.
I sense that he may be preparing to file with the court to alter the existing arrangement. He claims he’s working in town now, so he should have more visitation, yet when the agreement was signed and I filed for divorce, he was working and living in town, as well. For a brief period prior to and following divorce, he did work out of town, but he’s always maintained a home and address here in the town where the children and I live.
He’s bounced from job to job over the last three years and has had numerous girlfriends, some overlapping, whom he has introduced our children to, never explaining to the children when they break up. He’s also had a history of drug use, but I have no proof of that. I do, however, suspect that’s one of the reason he’s been fired from his last three jobs.
He has also taken the children to my mother’s for overnight visits every Sunday when it is his time with them. He keeps them until bedtime and takes them to her house because he says it is too hard for him to get up and get them ready and get to work on time.
Would this be a circumstance in which a judge would modify our previously-agreed-upon visitation/custody arrangement? How common are modifications? Is there anything I can do prior to him filing for a modification?