Modification Of Seperation Agreement/Divorce


#1

Good Afternoon -

I am writing to this forum to hopefully gain some insight on my situation. I have a divorce that has been final since 2002. There is one minor child involved which is now fourteen. We have had joint custody (1 week with mom, 1 week with dad) with no spousal support to either party throughout that time period. Over the past year, her father has exhibited several poor decisions that have negatively affected our daughter. In specific, having several relationships where these individuals are cohabitating. I have sought out counseling for our daughter to cope with these situations, but ultimately I feel powerless. I do not feel that it is emotionally healthy for her to remain at his household. Furthermore, he is not providing her with a stable residence. From what I have read online, there needs to be a clear reason for a modification agreement such as domestic violence or physical abuse (neither of these apply to my situation). Could you please weigh in on this situation to help me understand if I should pursue this further.

Thanks -
Concerned Parent


#2

If the child custody provisions are contained in a separation agreement, you can file a new action for custody and have the court enter an order on custody. If the provisions are already contained in a court order, you have to file a motion to modify and allege in your motion that there has been a substantial change in circumstances warranting a modification. If his actions have been detrimental to your daughter, it sounds like you have a basis for your motion.