I want to talk with you about considering actions or behavior of the other party when you are making decisions in your custody case.
Within the last few days I met with a potential client and he and his ex entered into an agreement for joint custody and equal parenting time just a few months ago.
However this potential client was upset because the other parent wasn't following their agreements and so he wanted to change custody and parenting time.
There were problems with because one, they had just entered into an agreement a few months ago. But another reason he wanted to change the current arrangement that he agreed to was because he said the other party had done certain things that affected the safety and well-being of their children.
When he named off those things to me I was quite surprised and thought this could make a difference in a custody or parenting time case. It could sway the judge one way or the other. I asked him when did these things happen and when did you find out about them?
As it turns out the incidents had happened before the parties entered into their agreement before equal decision making and parenting time. This potential client had known about them prior to entering in that agreement. That is a really big problem.
If the party had not known about these things then he may have had grounds to set aside the agreement, but the fact that he knew in my mind eliminates any basis that he might have set the agreement aside.