• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can father change custody after 10 years?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jotack

Junior Member
I live in the state of Illinois

I am the mother to my two girls whom I have joint custody with thier father, however it was court ordered that they reside with me. They are 10 years old and the court ordered custody agreement was established in 2001 right before the girls turned 2 years old.

Thier father is a good father to them. My girls love thier dad and enjoy spending time with him, and have consistent visitations with him. He has however had a past criminal record which involved drugs (meth), and multiple DUI's. He finally got off probation in 2006. He has also been jailed several times for the drug and alchohol use as well as for being behind SEVERAL times on child support. He doesnt have a steady work history and lives with his girlfriend who are on and off.

I have no criminal record and have always provided my girls with a loving, safe and consistent home. They get excellent grades in school. We live 20 minutes from thier father so they are in a different school district then he lives, and they have been since kindergarten. I also am married and have to younger children now and I would hate for them to be seperated from thier brothers who they are very close to.

Recently he has filed a motion to get physical custody of the girls, and even though I know I am a good mother and have provided for them and given them everything they need to thrive, I am scared.

My question is, in the end, does his history that I have stated above matter in all of this? Could he still get custody even though I in no way can be proven as an unfit mother? I know he will go into court lying, but he has no proof that the girls are not thriving and happy unless he is coercing them into thinking that they would be happier with him.

Will it matter that living with him would change what school they would go to? Will it matter to the court that he doesnt have a good history at all and has documented major financial troubles, whereas I do not? What does he need to prove to change a custody order that had been in effect since the girls were babies? And do you think he has a good chance considering his history and present situations?
 


Proserpina

Senior Member
I live in the state of Illinois

I am the mother to my two girls whom I have joint custody with thier father, however it was court ordered that they reside with me. They are 10 years old and the court ordered custody agreement was established in 2001 right before the girls turned 2 years old.

Thier father is a good father to them. My girls love thier dad and enjoy spending time with him, and have consistent visitations with him. He has however had a past criminal record which involved drugs (meth), and multiple DUI's. He finally got off probation in 2006. He has also been jailed several times for the drug and alchohol use as well as for being behind SEVERAL times on child support. He doesnt have a steady work history and lives with his girlfriend who are on and off.

I have no criminal record and have always provided my girls with a loving, safe and consistent home. They get excellent grades in school. We live 20 minutes from thier father so they are in a different school district then he lives, and they have been since kindergarten. I also am married and have to younger children now and I would hate for them to be seperated from thier brothers who they are very close to.

Recently he has filed a motion to get physical custody of the girls, and even though I know I am a good mother and have provided for them and given them everything they need to thrive, I am scared.

My question is, in the end, does his history that I have stated above matter in all of this? Could he still get custody even though I in no way can be proven as an unfit mother? I know he will go into court lying, but he has no proof that the girls are not thriving and happy unless he is coercing them into thinking that they would be happier with him.

Will it matter that living with him would change what school they would go to? Will it matter to the court that he doesnt have a good history at all and has documented major financial troubles, whereas I do not? What does he need to prove to change a custody order that had been in effect since the girls were babies? And do you think he has a good chance considering his history and present situations?
Dad will need to show a significant change in circumstance to justify modifying the current arrangement - does he have such a change? Do you have any idea why he's trying this now?
 

jotack

Junior Member
I have a VERY good idea why he would try to get custody. Its a stupid reason, but here it goes...

I got married about a month ago and the weekend I had my wedding was a weekend he was supposed to have them. My girls were to be my maids of honor and at first he was fine with giving up his weekend. Then he changed his mind after I bought thier dresses and told me he was not going to let me have them. So I petitioned the court to get permission for them to attend and be in my wedding. My request petition was granted by the judge and the girls' dad is still furious over that, even though I let him choose Halloween weekend in exchange.

On the way out of court that day him and his girlfirend threatened me by saying that I would get payback. Very immature behavior really, but it happened. I also had to take him to court recently because he is behind $600 in child support.

So as silly as it sounds he is trying to get back at me in the worst way possible. He has no changes to prove at all. The girls are happy and well loved and taken care of. They are excellent students.

He will try to lie though to make a case for himself. I realize I have alot going for me, and he has ALOT against him. But will all of that stuff really matter when it comes down to it?
 

Proserpina

Senior Member
I have a VERY good idea why he would try to get custody. Its a stupid reason, but here it goes...

I got married about a month ago and the weekend I had my wedding was a weekend he was supposed to have them. My girls were to be my maids of honor and at first he was fine with giving up his weekend. Then he changed his mind after I bought thier dresses and told me he was not going to let me have them. So I petitioned the court to get permission for them to attend and be in my wedding. My request petition was granted by the judge and the girls' dad is still furious over that, even though I let him choose Halloween weekend in exchange.

On the way out of court that day him and his girlfirend threatened me by saying that I would get payback. Very immature behavior really, but it happened. I also had to take him to court recently because he is behind $600 in child support.

So as silly as it sounds he is trying to get back at me in the worst way possible. He has no changes to prove at all. The girls are happy and well loved and taken care of. They are excellent students.

He will try to lie though to make a case for himself. I realize I have alot going for me, and he has ALOT against him. But will all of that stuff really matter when it comes down to it?
He is going to have to prove either a change of circumstance in the children's lives or that you are unfit to remain residential custodian - if he cannot do this he has virtually no chance at all of having the current custody order change the way he wants it to be changed.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top