You can’t talk for a year? Which means you have a protection order against you, which means you’re abusive.
I have never been abusive to anyone. But I like your deductive reasoning. My wife duped me into signing a post-nuptial agreement to get 25% of the equity in our home. I agreed to vacate in a month from the house we lived in for 16 years. When I told her I needed a week or two more time, she filed for divorce with a domestic violence ‘prevention’ order. She had been concocting this elaborate scheme with her attorney for 3 years. I spent 3 weeks trying to hire a lawyer before the hearing. Part of our deal that I would only take half the equity I am entitled to was that we would do an amicable divorce with no lawyers and I wouldn’t owe any child support. The kids would stay in their same house, the only one they have known. They would spend summers with me; I was relocating out of state. Every other Xmas blah blah blah. Anyway, I thought since I couldn’t find an attorney in time no big deal. I’m not an abuser, what’s the worst that could happen going with no lawyer? A year without my kids, it turns out. Come to find out the court won’t allow you to waive child support and… our agreement doesn’t say that anyway. Her attorney is the smallest POS I have ever seen. I’m pretty sure they are fucking, which is just gross. He trained her well to lie lie lie. It’s not her nature, but she was on par that day. I’m fighting it, but it’s horrible that this can even happen. I thought DVRO IS a criminal act, not in California family court. It’s a joke.
Miller said: @Toni
Why would you think you could waive support for your children? That’s not a thing .
My wife proposed the idea to me. I took 125k less equity in lieu of the child support. Like I was pre-paying it all up front with the equity I left behind.
Horrible. This is my worst nightmare. Yes, I would ask for a modification, or maybe a lawyer can help you do a clarification of the order and kind of ask for communication to be put in. Def a mistake not to ask for it at the time of the new schedule being set.
@Dean
What change circumstances would one have to file for modification? I miss my child is not a change in circumstances. Although I do agree 7 days is a very long time not to even speak to your kid :(.
@Evren
I want to request to go back to her old custody schedule that she had for 4 years. It was 60/40, got to see both parents every week. This new schedule has a lot of negative effects; her speech is declining, and now she is being evaluated.
@Drew
Sounds like you’d benefit more from a 223 schedule so you’re both actively involved. It doesn’t have to be week on week off, although it’s ideal so there’s fewer exchanges.
@Drew
Or ask for a 2-3-2 so you’re not taking time away, but it’s set up so each parent doesn’t have to go a full 7 days without talking or seeing their kid.
@Drew
If you guys were at 60/40 already, then week on and week off makes sense, I guess… If you can prove later it has serious negative effects on your child, then that could warrant a change.
I would still 100% go back and ask for communication to be included. I think a judge would consider that for sure.
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