Can a mother get custody after 7 years?
I was informed last night that my ex will be trying to get custody of our 8 yr old son that we share joint custody with but I have primary of. I was wondering if there is a judge that will grant her custody of our son after all this time with no evidence of negelet or any form if unhappiness. Our son is stable here and happy. Please someone give me some help. I am losing my mind here because I know that I can not afford a lawyer.
I doubt if a judge would change where the child lives after all this time. she can try all she wants but unless she can prove neglect, she won’t be able to get custody.
November 25th, 2009 at 7:22 am
Hire a lawyer still, but why would any judge decide to just change custody? It will be shared, no matter what he threatens. Men like to do this to control women, so if you’ve done nothing wrong, then I wouldn’t worry about it.
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November 25th, 2009 at 7:44 am
I doubt if a judge would change where the child lives after all this time. she can try all she wants but unless she can prove neglect, she won’t be able to get custody.
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November 25th, 2009 at 7:49 am
Is she unfit? If she’s not, there’s no reason the two of you shouldn’t share custody. It’s about what’s best for the child, right, not what’s best for you?
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November 25th, 2009 at 8:25 am
Any parent can file a petition to modify custody in order to make the case for changing custody. However, a Family Court Judge will take a dim view of this kind of change especially if the child is in a stable environment, has friends and doing well in school and thriving. Perhaps what your ex really wants is to have more time with the child. You have Primary Physical Custody and she has Partial Custody. Perhaps every other weekend isn’t enough and she’d like to have the child for dinner on a Wednesday and then will take him to school the next day. She’d be able to help him with his homework. The Christmas Holidays are coming up – perhaps in the even years she can have him on Christmas Eve until 12 noon on Christmas Day and on odd years she’d have him on Christmas Day from 12 noon to 6 PM the next day. You’d be able to offer her 2 weeks with her son during the summer vacation. And I hope that she is paying support to you for her child since the support isn’t for you but for the child. (Some parents want a change in custody because they think that they’d be paying less for the child if they weren’t paying support. And we all know that bringing up a child costs far more than any amount of support is paid.
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November 25th, 2009 at 8:35 am
She has every right to file for custody and if you can’t prove her unfit she could get custody. Custody of a child can always be changed,.
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