• 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.

Modification Ideas

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

Ambr

Senior Member
What is the name of your state? AR

Looking for a someone to bounce ideas off of. Shared legal custody, mom is CP. Here is the history.

Dad has previous felony conviction. He got behind on his support when he was incarcerated, payment plan in place, paying it off.

During their marriage several police reports and charges were filed against mother for domestic assault on father and mother-in-law. At the time of their separation mother stabbed father. After divorce, things calmed down until recently. Mother has been involving herself in drugs. Using in front of child. Child (12) makes remarks of stepdad "smoking rock". Mom recently had domestic charges filed against her (her her stepson) for assault. During the arrest, cops found pot. So possession charges filed as well. Mom swung it so domestic was dropped by stepson - amazing what you can buy and threaten out of a child. Mom pled guilty on possession charges.

Dad is worried about the pattern that mom has been making. Moving from the drug charges to domestic and is worried that with mom's history that it could develop into more. It doesn't help that child is calling at 11, 12 at night at "moms friends house" (on a school night). Mom is drinking, kid not in bed. Neighbors complaining of loud music and partying.

Now all we have are domestic reports on file and the drug charges. The rest is the word of the child. Son wants to live with dad. Son has been saying this for the past several years and at one point had school counselor and teachers ready to go to court for him due to mom's non-involvement in school and childs failing grades. BUT....mom bought him off. Kid backed down and has regretted it ever since. (Boy that cried wolf and all that)
The second time that child tried to talk with mom about living with dad, mom threatened to have dad "locked back up". Had child terrified that dad would be arrested again.

How could a modification be addressed?

More concerns over child being present during drug use and been dragged around from house to house. But is hard to prove. Child is having problems in school, been in 2 school districts this year alone, but counselor and teachers are "somewhat" leary of getting involved now that child balked on them once.

Dad has tried DFS but without proof other than the word of the child, he can't get anywhere.
 


LdiJ

Senior Member
Ambr said:
What is the name of your state? AR

Looking for a someone to bounce ideas off of. Shared legal custody, mom is CP. Here is the history.

Dad has previous felony conviction. He got behind on his support when he was incarcerated, payment plan in place, paying it off.

During their marriage several police reports and charges were filed against mother for domestic assault on father and mother-in-law. At the time of their separation mother stabbed father. After divorce, things calmed down until recently. Mother has been involving herself in drugs. Using in front of child. Child (12) makes remarks of stepdad "smoking rock". Mom recently had domestic charges filed against her (her her stepson) for assault. During the arrest, cops found pot. So possession charges filed as well. Mom swung it so domestic was dropped by stepson - amazing what you can buy and threaten out of a child. Mom pled guilty on possession charges.

Dad is worried about the pattern that mom has been making. Moving from the drug charges to domestic and is worried that with mom's history that it could develop into more. It doesn't help that child is calling at 11, 12 at night at "moms friends house" (on a school night). Mom is drinking, kid not in bed. Neighbors complaining of loud music and partying.

Now all we have are domestic reports on file and the drug charges. The rest is the word of the child. Son wants to live with dad. Son has been saying this for the past several years and at one point had school counselor and teachers ready to go to court for him due to mom's non-involvement in school and childs failing grades. BUT....mom bought him off. Kid backed down and has regretted it ever since. (Boy that cried wolf and all that)
The second time that child tried to talk with mom about living with dad, mom threatened to have dad "locked back up". Had child terrified that dad would be arrested again.

How could a modification be addressed?

More concerns over child being present during drug use and been dragged around from house to house. But is hard to prove. Child is having problems in school, been in 2 school districts this year alone, but counselor and teachers are "somewhat" leary of getting involved now that child balked on them once.

Dad has tried DFS but without proof other than the word of the child, he can't get anywhere.
What dad needs to do is file for custody if he wants custody. Trying to get it through DFS isn't really the way to go.

However, dad's felony conviction and previous incarceration may make him look no more fit than mom...depending on what it was for and how long ago it was.
 

Ambr

Senior Member
Dad - felony theft when he was younger. served 12 months and 2 years prob / parole. was released off parole 4 years ago

Mom - the stabbing was labeled domestic assault, no attempted murder charges or anything. the assaults on dad and mom-in-law were also classified as domestic assaults.

Mom's last domestic (stepson) was Dec '04. Drug charge was then too.
 

Find the Right Lawyer for Your Legal Issue!

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