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How often can petitions for custody modification be filed?
Anonymous1 views2 answers
My ex filed a violation and modification petition in Jan '11. The modification was dismissed at first appearance in Feb '11 and the violation was withdrawn in March '11 at second appearance. 3 days after 2nd appearance, he filed another modification petition, which is only slightly different from the one that was dismissed in Feb '11. How often can he do this? He is asking for joint legal and 50/50 parenting time (7 days with him, 7 days with me). I have sole legal and physical custody now, which he agreed to mid-trial in April '10. Our daughter is almost 2 and has never lived with him. I found out I was pregnant 10 days after I left him in '08. This is will be the 3rd time in a year and a half that we've gone to court over custody.
He can file petitions as often as he wants - except that if it becomes a pattern of abuse, you can seek an order preventing him from filing without court approval any new petition(s). These orders aren't granted often...but can be if there's no basis in law for his petitions and they are repeated/abusive.
Attorney Browde is correct. I would just add that modification of a custody agreement entered as an order of the Court requires that the person seeking modification prove a "substantial change in circumstances" related to the children. The change in circumstances has to have occurred after the order was entered by the Court. If the person seeking modification does not meet the threshold of proving a change in circumstances, then the petition will be dismissed.
