need to modify child visitation and custody

[Otoner]

I made the huge mistake to sign over custody to my then husband. I was in the process of "saving" our marriage and wanted to do anything he said.
I had to move out of the state because my employment was in the house as a child daycare worker with my daughter. I did that for 2 and a half years to be with my daughter.
I have no violence, drug, ect record. I was and am a good mother. He is also a good dad, other than trying to get at me by keeping our daughter away from me.

I now live in Missouri with family. My daughter and ex-husband live in Orange county, CA.
The custody I signed was only with the agreement of two years. The two years will be up in October. I want to get a modification of custody and visitations. I only get her 6 weeks out of the year.

The bottom line is do I have a legal leg to stand on? I know there is no way I can get physical custody due to her living there her whole life but I do feel she needs to see me more and I should have a say in how she is raised.

 

[calalily]

Yes. Child visitation agreements are often modified. But be aware you may be responsible for paying for her plane tickets to visit you.

 

[Otoner]

I am already paying for the tickets for visitation plus my ex makes me pay for his ticket to ride with her because she is only 4.
Or the other option is for me to buy three tickets. I fly out there, pick her up, fly back drop her off. Very exspensive and stressfull with my 7 month old in tow.
I also feel I am have lost rights due to not having money, so I don't get to see my child.
There is no way I can live in Orange County, other than live in a very bad neighborhood.

 

[calalily]

You need to ask the courts are you responsible for paying for his ticket? He may be saying you have to but in reality you may not have to. I believe the airline will allow you for a fee, to have an airline chaperon be with your child. I don't know what the age limits are for this service but worth checking out. It might very airline to airline. This may be cheaper than paying for your ex's plane fair unless it is so ordered that you pay for his. I only mentioned having to pay for the plane fares because you want more visitaion which will mean paying for more plane fares. Just something to consider when thinking about asking for a visitation modification. Don't ask for it if you can't afford to do it because if you go back again and couldn't afford to keep up the new schedule it will go against you in future re-accessments of visitation. As much as you want to spend more time with your daughter, weigh that against what you are putting your current family through finanically and emotionally. Maybe in the future when you are more financially solvent and the children are older it would be more practical to ask for more time. Do you have family in the area you could stay with and visit your daughter there in CA? That also may be an option to consider.

 

[Duranie]

You moving that far out of state is going to affect a custody/visitation decision. It is very possible you can get more time. Personally if I were you, I would move back closer to the city she is in. Since you moved you can pretty much plan on paying for all transportation. But if you have another baby moving might be impossible.

You lost some rights when you decided to move so far away. The infant you have is free on your lap but that is not your ex's concern.

So to answer your question, its possible you might be able to get more visits but she will be starting school soon, and you living so far away you will be expected to pay for it.

She will be starting school soon and the courts might not see it very practical to change this. You might be able to get every other holiday and when she starts school you might be able to get 1/2 of every school break.

 

[RR37]

Here are Frontier's policies on unaccompanied children:

http://www.frontierairlines.com/fro...nmr.html;jsessionid=3a328b7f3f17ae338b3391329

Ages 5-11 will have an escort, as previous poster mentioned. There are some other guidelines too, but less expensive then paying for an adult and pretty simple. There is a $40 service fee each way, so $80 round-trip for the escort. Make sure you book a child's fare ticket and NOT an adult ticket. It saves a little on fare! You will want to check other airlines policies, but most major airlines will probably be comparable in restrictions and age requirements.

Maybe you could try to visit a couple times in O.C. and then request a modification to get more time in your area once she turns five. Actually, if you file the mod now she will most likely be 5 y/o by the time it is finalized

Also, make sure you request the judge order her to be able to fly unaccompanied or your ex could try to claim she cannot as the CP when you schedule her visit! Just a thought to consider, so you do not have any roadblocks.

Hope that helps and good luck.