Can I change my joint custody agreement?

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Can I change my joint custody agreement?

I have a joint custody agreement where my ex is suppose to take our daughter everyday from 4-8 pm and every other weekend. He started taking her less and less a little bit at a time over the last 2 years. Now he only takes her when it’s convenent for him. He goes weeks and sometimes months without seeing her. He has not returned my texts about what he owes me for school registration because he is suppose to pay half. He hasn’t kept her for an over night in about a year. He is always moving because he has no stable home yet. What can I do about this? He avoids me when he knows I want to talk.

Asked on August 25, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Custody agreements are made with the "best interest of the child" in mind.  If your ex is not fulfilling his end of the agreement then you can try and modify by taking him back to court.  As for the tuition if he is supposed to pay for half because of the agreemtnand order then he is in breach and contempt.  You can take him back to court for that too.  Good luck.


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