|
Nov 29
1999
|
Ask a Lawyer: Should I be worried about losing custody?Posted by: Dads Divorce on Nov 29, 1999 Tagged in: Visitation , Parenting , motion , MO , grandparent , drugs , custody , custody , Ask A Lawyer , addiction
  |
|
Question:
I have a 10 year old daughter that I have been the custodial parent of for almost four years now. My daughter's mother has indicated that she is going to pursue getting custody of our daughter. My family life has not changed. I have been with my new wife for over 5 years now. We have a nice 5 bedroom house and I have been at the same job for amost 4 years now. My daughter has attended the same school for the last 4 years. My ex has not made her child support payments EVER. Can you say "deadbeat MOM!" She is wanting to turn her life upsidedown, send her to a different school, and take her away from her other siblings(we have a blended family of 4). My last experience in family court was a nightmare. The judge threated to financially cripple me if I insisted we go to trial. It was Friday an she wanted to get out of there early. How concerned should I be over loosing my daughter? I know this would be a non issue if I was a woman, but as a father I am worried! My cousin Doug just lost his children to an ex that tested positive for Crack and Meth, and was thrown out of a court ordered treatment program. Thank you
Answer:
Based upon the information provided you should have a very solid case. The standard is high to modify custody. The moving party must show a substantial and continuing change of circumstances with the other parent or the child to such an extent that it is in the best interest of the child that custody be modified. Based upon this standard, if there has not been a change with you or your family the mother should not prevail. However, to modify the visitation schedule it is only necessary for the mother to show that a change in the schedule would be in the best interest of the child. I strongly urge you to retain counsel to represent and guide you through this process. Even though you have the advantage from the start based upon the current schedule you do not want to take a motion to modify lightly. You will need to defend your case and at a minimum you do not want to lose on a technicality that a non-attorney is not generally aware.
TrackBack URI for this entry
Subscribe to this comment's feed
