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100% Custody - Reason For Modification

Discussion in 'Child Custody & Visitation' started by ConfusedCustodial, Apr 8, 2020.

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  1. ConfusedCustodial

    ConfusedCustodial Law Topic Starter New Member

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    Jurisdiction:
    Virginia
    While I am waiting on a response from a lawyer i i figured I'd ask.

    I have 100% Physical and Legal custody, with my ex having a visit every other weekend at the grandparents house.

    I am working during Covid 19, some from home, some from work, never around people. During times I'm at work my child is at daycare. Which is an in home daycare on a farm, and my child is only one there.

    The other parent doesn't work, lives with grandparents and has substance abuse.

    However the other parent is saying they want to ask for modification because I have to work during the pandemic. We are still handling home school perfectly with me working. Just wondering, if they would have any grounds.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Sure he has "grounds". But it doesn't take much to have "grounds".
     
  3. ConfusedCustodial

    ConfusedCustodial Law Topic Starter New Member

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    I'm trying to ask, what from people's experience would a judge decide. I keep reading custody agreements are generally, "if it's not broke don't fox it"

    There seems to be no answers for anything during the pandemic and things are just getting made up and the kids are suffering.
     
  4. Zigner

    Zigner Well-Known Member

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    The whole problem is that there are no experiences to fall back on. The last thing something similar to this has happened was over 100 years ago.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    "They"? Do you not know your child's other parent's gender? Anyway...

    Grounds to ask? Absolutely. Will it happen? Probably not. Will it happen? Probably not. I'm guessing most courts will not be ruling on non-emergency motions for at least another month, and I don't think the situation you described constitutes any sort of emergency. However, only a family law attorney who regularly practices in the court that has jurisdiction over your case can truly give you an informed answer.

    Exactly, and back then, men either didn't bother with their children from a failed marriage or won most of these sorts of battles simply by virtue of gender.
     
  6. ConfusedCustodial

    ConfusedCustodial Law Topic Starter New Member

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    I say they because the ex lives with her parents and while I know the don't have rights they are ordered to supervise the visits so I always refer to them as they. Also using terms like their and they makes it less easy if ex ever stumbled on this.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    As long as the other parent is just "saying" and wants to "ask" (which sounds like hot air to me) you can ignore the other parent until and unless you get served with court papers.

    When that happens you talk to a lawyer.

    Meantime, would it kill you to refer to the other parent as "he" or "she"?
     
  8. army judge

    army judge Super Moderator

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    I suggest you distinguish "grounds" from "wants".

    As my grandfather was fond of saying, "Boy, that dog won't hunt."

    I doubt that any competent jurist would take seriously the rambling, raving "wants" of a drug addicted fiend.

    Why?

    Courts consider the "best interests of the child"(as well as it's "safety") when making any decision that changes the "status quo" regarding child custody and/or visitation.
     
  9. stealthy1

    stealthy1 New Member

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    Singular use of "they" is accepted use. Perhaps OP wants to avoid gender bias by keeping the pronouns used gender-neutral. Or perhaps their ex-spouse prefers the use of gender-neutral pronouns. Or, perhaps, their former spouse is gender-fluid and OP is unsure of which pronoun to use. Anyway...
     
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  10. ConfusedCustodial

    ConfusedCustodial Law Topic Starter New Member

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    For the record just ex, not ex spouse. The ex also has other children who live with their other parents (not my ex) as well. My ex has been consistently calling the other children (I have built a friend type relationship with the other parent, in hopes of making sure all kids are safe) but not calling my child. I even bought my child a phone so there is easy access for contact while I'm working at home during this time and on my phone frequently.

    Now I'm worried about sending my child for the next visitation on Easter.
     
  11. stealthy1

    stealthy1 New Member

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    My apologies for the assumption. As for Easter... you have to follow the court order or risk being found in contempt if she files and/or whenever the courts are back in session. I'm not sure whether your state has issued any guidelines regarding parenting time during the current situation. In any event, you may find this useful reading:

    New Battle for Those on Coronavirus Front Lines: Child Custody
     
  12. Worried Dad

    Worried Dad New Member

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    Thanks I will read over it, I went to our states website and it clearly states to follow the custody agreement, and that is considered essential driving reasons. My concern is even though I have 100% custody, the other parent wouldn't return my child and with courts closed I don't have much recourse.
     
  13. Worried Dad

    Worried Dad New Member

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    I commented on the wrong post, sorry everyone
     
  14. stealthy1

    stealthy1 New Member

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    I kinda wondered, but...
     
  15. ConfusedCustodial

    ConfusedCustodial Law Topic Starter New Member

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    Well now you have me worried...
     
  16. Zigner

    Zigner Well-Known Member

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    Nope, that's not it at all. The OP used "they" to refer to a plurality of people:
     
  17. stealthy1

    stealthy1 New Member

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    Only explaining that after he was called out on the usage, which was unnecessary. "They" remains valid singular usage.
     
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  18. Zigner

    Zigner Well-Known Member

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    I don't disagree.
    However...
    In this case, it's an important distinction, and the explanation adds additional information. Requesting the explanation was valid.
     
  19. stealthy1

    stealthy1 New Member

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    The extra info was useful. The snark wasn't.
     
  20. Zigner

    Zigner Well-Known Member

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    Fair enough
     

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