Modification to seperation agreement


#1

I need to have my seperation agreement modified. At the time it was signed I was taking care of my kids during the day but they spent nights with their dad. I had to work nights to provide health insurance for them. Their father’s job does not offer insurance. They stayed overnight with me every other weekend plus whatever weeknight I was off of work. I told him that within a few months my hours would change and I would be able to have my kids an equal number of nights. My ex said the seperation agreement could be changed later. It states we have joint custody but the kids reside primarily with him and stay with me every other weekend. It’s been five months since they have be staying with both of us equally. My ex does not want to modify the agreement. Recently he moved out of their school distract and now expects them to change schools too. What can I do? I could not afford a lawyer last year when the seperation agreement was drawn up.


#2

You cannot force your spouse to modify the separation agreement, as both parties would have to agree to a modification. You may however file an action with the courts for an initial determination of child custody to seek the court’s assistance in gaining more time with your children.
You may want to contact legal aid in your county to seek assistance with your custody action.