by MVRK007 on January 23rd, 2006

MVRK007

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My ex-wife has sole physical custody of my son and we have joint legal custody. I would like to modify the visitation plan so that we have 50/50 time. What has to be proven or shown to make these changes?

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Answers. 4 helpful answers below.

  • File a "Modification of the Divorce Decree" as it relates to child visitation!

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  • by George R. McCasland on June 13th, 2009

    George R. McCasland

    It is similar to getting full custody, though I prefer seeing Bird Nest Custody used so the child is not shifted back and forth.

    I’ve been a Father’s Rights Advocate for 20 years.

    Many think the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much as possible on your own and not pay the attorney to do it.

    Part of the problem with getting your rights knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge.

    Always take people with you to court who are not there to testify. Make sure they are sitting where the judge can see them, each equipped with a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one in the manual at Dads House.

    If the judge is not doing his job, using the info from this form, you can, appeal, and/or get the judge sanctioned and removed from the case. You file a complaint with the State Supreme Court at your state capital.

    Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.

    Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state,

    Now, you can't just record, you also have to transcribe it into the daily journal.

    If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link for downloading a 200 page educational manual that can teach you what you need to know. The section in the manual was written by James Cook, the original author of the joint custody laws in America. He passed away last March. Take the time to learn what you can and should do.

    Joint Custody
    Equal Time - A Teen’s Views On Joint Custody
    How I divide my life between my divorced parents' homes. By Charlotte Juerge - Newsweek - Dec 15, 2008
    http://www.newsweek.com/id/174698

    Father Makes Two - James Cook (Deceased 03/09), Joint Custody Assoc.
    By Margot Roosevelt, Nov. 11, 2003, Time Magazine
    http://www.time.com/time/magazine/article/0,9171,183968-1,00.html

    Bird Nest Custody
    http://groups.yahoo.com/group/GiveKidsAChoice/

    Can We Tape
    http://www.rcfp.org/taping/

    Dads House
    http://health.groups.yahoo.com/group/DadsHouse/

    Fathers & Families
    http://www.fathersandfamilies.org/

    THE FATHERLESS GENERATION
    http://www.youtube.com/watch?v=yZmMffsIl9M

    Fathers Rights: The Movie
    http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=27395259

    Parental Alienation Syndrome
    http://www.parentalalienation.org/

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  • by bida4ver on February 12th, 2007

    bida4ver

    you must have a restrainng order that's why youdont have equal visitacion rights,sounds familiar for me

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  • by sherkee on March 30th, 2006

    sherkee

    First, if you do not have an attorney, you will need one. second, how come you do not currently have 50/50 visitation rights? There has to be a reason the court did not allow 50/50 visitation, in the beginning. for you, things may have changed for the better or worse, since the initial parenting plan was initiated. an attorney can help you with these decisions and choices.

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