My question involves a child custody case from the State of: Illinois
I moved 70 miles to be closer to my job. I moved to Indiana, the child's mother in Illinois. Per Right of First Refusal from our first court order, I couldn't have her during the week because I had to work. I was fine with that, as I didn't want to disrupt her school schedule. Upon verbal agreement I was given every other weekend from Saturday 8:00am to Sunday 7:00pm. Once I moved I started to provide all transportation so it didn't affect her mother or her other step siblings schedule. She has since gotten furious with me because I have moved in with my girlfriend of over a year to save money. We are putting back money for a wedding next summer and our home life is stable and her relationship with my daughter is wonderful.
I filed to have visitation modified because of the relocation and our lawyers tried to settle out of court to save us money. Which I should've known was a total joke. My ex wife deliberately dragged this out and now I'm out of retainer money. If I want to try this case, I have to pay another retainer, which I can't afford, and she won't let go of the right of first refusal being at 2 hours. I am over an hour and a half away so round trip would be 3 hours because of a time change. I don't see this being practical because of the distance and I don't get her very often anyway. Plus it's putting her on dangerous highways more than she has to be, which in my opinion is not in best interest of the child. Ex is a stay at home mother so anytime I have to work, she pulls the ROFR card.
My question is if I'm forced to agree with her pathetic proposal, due to lack of finances, which is essentially me getting a semi-decent holiday schedule and losing a lot more money, can I file to have the right of first refusal removed? How long would I have to wait and what would a judge say? I won't even receive my 6 Friday's in the summer because I work or my 3 non-consecutive weeks of vacation during the summer because I don't have enough PTO time to take off every day. I just want to see my kid without having a narcissistic woman asking me every time I pick my child up if I have to work when I'm only getting her 36 hours every two weeks anyway.
Any advice is welcome and thanks in advance.
I moved 70 miles to be closer to my job. I moved to Indiana, the child's mother in Illinois. Per Right of First Refusal from our first court order, I couldn't have her during the week because I had to work. I was fine with that, as I didn't want to disrupt her school schedule. Upon verbal agreement I was given every other weekend from Saturday 8:00am to Sunday 7:00pm. Once I moved I started to provide all transportation so it didn't affect her mother or her other step siblings schedule. She has since gotten furious with me because I have moved in with my girlfriend of over a year to save money. We are putting back money for a wedding next summer and our home life is stable and her relationship with my daughter is wonderful.
I filed to have visitation modified because of the relocation and our lawyers tried to settle out of court to save us money. Which I should've known was a total joke. My ex wife deliberately dragged this out and now I'm out of retainer money. If I want to try this case, I have to pay another retainer, which I can't afford, and she won't let go of the right of first refusal being at 2 hours. I am over an hour and a half away so round trip would be 3 hours because of a time change. I don't see this being practical because of the distance and I don't get her very often anyway. Plus it's putting her on dangerous highways more than she has to be, which in my opinion is not in best interest of the child. Ex is a stay at home mother so anytime I have to work, she pulls the ROFR card.
My question is if I'm forced to agree with her pathetic proposal, due to lack of finances, which is essentially me getting a semi-decent holiday schedule and losing a lot more money, can I file to have the right of first refusal removed? How long would I have to wait and what would a judge say? I won't even receive my 6 Friday's in the summer because I work or my 3 non-consecutive weeks of vacation during the summer because I don't have enough PTO time to take off every day. I just want to see my kid without having a narcissistic woman asking me every time I pick my child up if I have to work when I'm only getting her 36 hours every two weeks anyway.
Any advice is welcome and thanks in advance.
Custody and Visitation Issues: Right of First Refusal Issues
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