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Change in circumstance to change temporary custody?

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padmelupin

Junior Member
What is the name of your state (only U.S. law)? Arizona

((Yes, I know I'm a legal stranger. I just have internet access at the moment and my husband does not.))


My husband has had "temporary" custody of his son for nearly two years (it will be two years March 24th). The mother has been making noise about going back to 50/50 custody. She would have to take Father back to court for this as he has no intention of changing custody without a fight.

Background: Father and Mother shared custody 50/50 following divorce. Mother had several psychotic episodes in Feb/March 2008. At the time, Father believed her to be exhibiting signs of a mental illness. Father filed for emergency custody, and it was granted. Mother then gave the court a voluntary (judge did not ask for it) UA which tested positive for methamphetamine and THC.

Mother has had supervised (by her mother) visitation for four hours every week since then.

She has had three clean UAs since Feb 1st, 2010.

Because this is "temporary" custody, albeit long term, does she need to show a change in circumstances to change custody?

Thanks!
 


Isis1

Senior Member
i have to say, congrats to mom. she forced herself to deal with the issue by exposing herself. that is awesome!! it's a step to recovery.

however, she hasn't been clean that long. so, dad should be considering a graduated schedule. 3 more months of supervised visits once a week. than, 3 months of supervised visits once a week overnight. than, 3 months of unsupervised overnights. all contingent on UA's throughout the period. mom needs to work her way up to every other weekend and once a weekday visits. if the situation warrants it, mom stays clean for two years, then a 50/50 schedule will be considered. if mom falters, she starts back to square one with once a week four hours of supervised visitation. however, it will be in a facility, not grandma supervising this time.

dad should give mom an incentive. not a outright direct no.
 

Ohiogal

Queen Bee
i have to say, congrats to mom. she forced herself to deal with the issue by exposing herself. that is awesome!! it's a step to recovery.

however, she hasn't been clean that long. so, dad should be considering a graduated schedule. 3 more months of supervised visits once a week. than, 3 months of supervised visits once a week overnight. than, 3 months of unsupervised overnights. all contingent on UA's throughout the period. mom needs to work her way up to every other weekend and once a weekday visits. if the situation warrants it, mom stays clean for two years, then a 50/50 schedule will be considered. if mom falters, she starts back to square one with once a week four hours of supervised visitation. however, it will be in a facility, not grandma supervising this time.

dad should give mom an incentive. not a outright direct no.
Dad can PROPOSE that to the court but dad CANNOT just dictate that since the court is in control here.

And a substantial change in circumstance is NOT required to change TEMPORARY custody.
 

padmelupin

Junior Member
Dad can PROPOSE that to the court but dad
And a substantial change in circumstance is NOT required to change TEMPORARY custody.
We didn't think so. Thanks for the verification.


So she can take Father back to court and request 50/50 again.

Would the fact that Child is now in school (kindergarten) and parents live 30+ miles apart be taken into consideration?

And presumably continued clean UAs could be requested before changing custody significantly?
 
Can Dad file to make temporary custody permanent (or whatever the legal opposite of temporary is) before Mom files for a change in custody?
 

Ohiogal

Queen Bee
We didn't think so. Thanks for the verification.


So she can take Father back to court and request 50/50 again.

Would the fact that Child is now in school (kindergarten) and parents live 30+ miles apart be taken into consideration?

And presumably continued clean UAs could be requested before changing custody significantly?
She can but that doesn't mean she will get it. The fact that the child is now in school and the parents live that distance will be a factor.
 

padmelupin

Junior Member
Thank you!

Thanks everyone for your advice.

I will have DH look at this tonight.

We really appreciate your help!

:D
 

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