Family Law (Divorce, Family Relations)/time sharing issue with EX, After Divorce process completed
My divorced is finalized by court and I have every 2nd weekend with my daughter as of right now. I got married aboard and my wife and my brother (20 year old) also moved in with me from abroad as a green card holder (in my apartment).
I have 2 bedroom apartment and it is very clean. My wife and I use master room and 2nd room used by my daughter when she comes for the weekend (every 2nd weekend), I have a bed for her in her room. Since my brother moved in with me he sleeping in living room.
I told my EX about changes in my house and now she telling me that I don’t have room for our daughter, and she also saying that she don’t know about my brother, what kind of person he is.
Even her house has more people than mine, she has 3 bed room house: My ex also has 16 years old daughter from previous marriage and she using one of the room and 2nd room used by my ex and also her sister lives in same house and also her parents come from aboard in summer and they stay in same house for 3 months. I never have any issue.
Now I am worry, if my EX goes to court to tell that more people living me with as mentioned above, am I going to lose every 2nd weekend over night Or I should be fine in front of judge? What should I say to judge myself…
Also what I should do to Judge in response to her home situation, where more people living?
If and when your former wife files a Petition for Modification of the Time Sharing plan she will need to first allege a substantial change in circumstances justifying her requested modification. Assuming the court accepts the changes you have mention as a substatial change sufficient enough to support her petition the court will next look to the best interest of your daughter. Based upon what you have stated it is doubtful that a court would further limit your time sharing.
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Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401