Legal Question in Family Law in West Virginia

Amend parenting agreement or go for full custody?

I have been divorced for 5 years and have Non-Custodial rights to my only son who lives with his mother one state away. I only see him 1-2 times a month and for a week or so over the Summer. Since the divorce I have obtained 3 college degrees and got a high paying job. The child's mother is trying to support him solely on $10,000/year and is still trying to get an Associate's Degree 5 years later. In addition she has him enrolled in one of the lowest performing school districts in her state. Lately she has been denying me visitation because our original parenting agreement gave her final say over visitation (basically it's at her discretion). I've never committed any act of abuse or neglect and I have never failed to pay my child support.

My question is: I am currently trying to modify my parenting plan to guarantee visitation time with my son on set weekends. Do I have a shot at full custody given that I now have a ''substantial change in circumstances'' ? Also, if I just ammend the parenting agreement now and don't go for full custody would that make a bid for full custody at a later date less effective. At this point I just want to see my son but I don't want to mess up my chances for full custody in the future.


Asked on 8/29/06, 4:47 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Amend parenting agreement or go for full custody?

You should speak with an attorney for an analysis of your options. Enforcement of the existing plan is a given but you may want to consider other actions. Further information is needed to address the question you raised. Contact me to discuss.

Read more
Answered on 8/29/06, 7:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in West Virginia