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What would a judge say

GoingNuts's picture
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I would like to know what some judges have said are the reason that you no longer need custody or need to have full custody. My h's ex is trying to dig up little stuff to take to court and we aren't sure what they will look for.

GoingNuts's picture

I know that this is kind of a short question. But any kind of answer would be really helpful. Thanks

Persephone's picture

the other parent would have to prove why less custody is warranted. With 50/50 the court commissioner may want to keep both parents involved.

kimberly29's picture

Judge will also look to see which parent will try to maintain child's contact with other parent. Child should have contact with both parents and court will not give custody to a parent who discourage contact or hide child from other parent.

kimberly29's picture

Judge will also look to see which parent will try to maintain child's contact with other parent. Child should have contact with both parents and court will not give custody to a parent who discourage contact or hide child from other parent.

Elise's picture

It's so hard to guess....we had what we thought was an open and shut case this summer and judge ruled something that no one would have predicted. From that we learned one thing. Judges value consistency and stability over other factors. If your skids are thriving in current environment, they will probably say why make a change? Good luck. Going to court is rough on the emotions.

Elise's picture

We were actually the ones trying for a change, so it's a bit different than your case. We have 50/50 and the Mom works full time and is in school so they are constantly in day care. We weren't asking for a custody change. We wanted the boys to change to our school system b/c it is one of the best in the state (the one they are in now is one of the worst). And then we offered to care for the boys after school to eliminate child care and allow them to play after school sports (which they have been begging to do). We went to a mediator who agreed that it would be a positive and wrote a report stating so. Mom wouldn't agree only b/c she hates the father so much. Anything he wants is a bad idea in her book. We went to court to have a ruling. We thought for sure they'd make the change. His bottom line ruling was that all other factors were secondary. He said something like by law he is required to above all protect a childs stability (i.e. no changes). So even if they aren't in a great environment with them and they spend all their time with a babysitter, in the states mind change should be prevented at all costs. I was thinking that would hopefully work in your favor for someone who is picking at little things to try and drive a change. This is all assuming children are doing fine in their environment. In our case the boys were doing well in school. So why rock the boat? Our lawyer thinks if they'd been struggling it might have gone differently. Which is why I asked how your step kid was doing. If he/she is struggling maybe she'd have a case I don't know. Don't get scared about the little things she may pull up on you. We had so many on our BM. Financial issues, we proved she'd made falsifications to the court several times, lying to the children, constantly insulting BD to the children (she'd labeled his name as Hitler in their cell phone), on and on. She had some crazy stuff back at us (in particular me) that were just weird. NONE of these mattered. And the judge kind of looked at us like....why are you telling me all this. So...whatever she might try and use I wouldn't worry. The only biggy I've ever heard of is child abuse (which is so hard to prove...not saying you do it, but I guess she could try). I read a post earlier where a woman had an alchoholic BM and they still felt it was better to leave the child with the BM. It's crazy I tell you.

GoingNuts's picture

Thanks for the information. The GAL or CASA is what I think the term some use wrote his report and stated that no change is needed. BM wrote in all of her papers that SD did not want to be in our house but when GAL spoke to SD7 alone she told him that she liked things the way they were and when he did speak to her it was in BM's house. I think it's funny because it is a huge kick in the teeth for BM. I am just glad that SD told the truth. BM is also trying to say that we refuse SD medical treatment and that SD has a low immune system. No doctor has ever said anything to support her lying. I hope that a Judge see's that she is being petty and obviously the problem in our 50/50 case. I really hope that we are awarded our attorney fee's as well as we have paid over $5000.00.

sixxnguns's picture

is going for full time custody with her having regular visitation..I don't know how this will pan out...she basically blew off their son for 8 months out of this year and we had him nearly 100% of the time, when this was supposed to be 50/50...AFTER he had her served the papers she now is doing the 50/50 but has been skipping his therapy appointments, not sending him to school with hat and gloves when it's freezing cold up here, she doesnt cook for him, she's always feeding him fast food, almost on a daily basis...I have mixed feelings about this whole thing..:/ good luck on your case Smile