Legal Question in Family Law in Idaho

Visitation - Change in Situation
About 4 years ago I remarried and I now live just around the corner from my ex. This has allowed my son (12) to go freely from house to house, much to his benefit, even though his father has physical custody (we have joint legal custody). He essentailly splits his time evenly between his father's home and mine. While we have a visitaion agreement and parent plan, these have largely been ignored by both of us. Now my ex wants to start enforcing the old visitation schedule again because he's afraid that if I have our son fifty percent of the time I'll take him to court for child support or to change the custody status. We agreed that I wouldn't seek child support as long as he paid for private school, which he does. But I think I do want to change the custody to joint physical custoday so that he can no longer use this visitation issue as a weapon against me, to the detriment of our son. Does the fact that our son has been splitting his time evenly for the past couple years, and we have been functioning as if we have joint custody, warrant enough of a change of circumstance that a judge would grant me this change?

Asked on 10/03/01, 4:41 pm

Gass Timothy Gass Law Office

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Re: Visitation - Change in Situation

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Answered on 11/09/01, 12:29 pm

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