If my ex-boyfriend and I have 50/50 shared custody of our 11 month old, can I file for a modification?

My ex-boyfriend and I have 50/50 shared custody of our 11 month old but I want to petition for a modification so that I can have full custody and he can have visitation every other weekend. Because the father has missed over 70% of his scheduled time share even though he lives only 10 minutes away. I know that if i file and he doesn’t respond within a certain time frame i can file for a default. The problem is that even though It is our court papers and parenting plan that he must give me and the court his updated address. He has moved and i do not know where he lives. Can i still file?

Asked on August 2, 2012 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Just because your shared custody order and agreement is filed with the court, there is no prohibition under the laws of all states in this country why you cannot seek to change its present terms and conditions if the situation is not working put for you.

Given what you have written, I suggest that you consult with a family law attorney to get the currrent custodial issue modified.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Just because your shared custody order and agreement is filed with the court, there is no prohibition under the laws of all states in this country why you cannot seek to change its present terms and conditions if the situation is not working put for you.

Given what you have written, I suggest that you consult with a family law attorney to get the currrent custodial issue modified.


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