Chance of getting sole legal decision making?

[mamabear192323]

What is the name of your state (only U.S. law)? AZ

I would like to file a petition for sole legal decision making of my two children (ages 15 and 13) and minimal contact with their father based on the following. I am hoping to do this without an attorney...what are my chances? We have been divorced for approximately 10 years and children would typically be with father on the weekends. Last weekend, Father told minor children that he no longer wishes to have them at his house, to pack all their belongings, call mother (me) to come and pick them up and live with me. He also stated "I am done with you guys." Father is emotionally/mentally unstable and abusive to the children. Father refuses to communicate with mother and has no interest in co-parenting. He stated directly to the children that "Your mom is lucky I didn't kill her when she cheated on me." (which didn't happen, but that is not relevant here). Father has a recent disorderly conduct/domestic violence charge with his current wife, and a history of erratic and unstable behavior that seems to be escalating.

I do not want father to do more damage than he has already done. What are your thoughts? What will the court think in this scenario? Please be kind...we are struggling.

 

[Zigner]

Based solely on what you've posted, I don't think you have much chance at all of "sole" custody, physical or legal.

 

[HRZ]

What does order say...dad is allowed to not exercise visitation if he so desires.

if the kids are with you..you may have 99% of practical decision making?

There might be some thoughts about changes to child support ..but you didn't ask that.

Sometimes doing nothing means calmer waters might last longer...none of us are in your shoes.

Struggling about what ?

 

[CTU]

What is the name of your state (only U.S. law)? AZ

I would like to file a petition for sole legal decision making of my two children (ages 15 and 13) and minimal contact with their father based on the following. I am hoping to do this without an attorney...what are my chances? We have been divorced for approximately 10 years and children would typically be with father on the weekends. Last weekend, Father told minor children that he no longer wishes to have them at his house, to pack all their belongings, call mother (me) to come and pick them up and live with me. He also stated "I am done with you guys." Father is emotionally/mentally unstable and abusive to the children. Father refuses to communicate with mother and has no interest in co-parenting. He stated directly to the children that "Your mom is lucky I didn't kill her when she cheated on me." (which didn't happen, but that is not relevant here). Father has a recent disorderly conduct/domestic violence charge with his current wife, and a history of erratic and unstable behavior that seems to be escalating.

I do not want father to do more damage than he has already done. What are your thoughts? What will the court think in this scenario? Please be kind...we are struggling.

Mom, why do you think Dad did this? This type of behavior rarely exists in a vacuum, so what led up to it?

 

[LdiJ]

Mom, why do you think Dad did this? This type of behavior rarely exists in a vacuum, so what led up to it?

I think that she already told us that. Dad recently had a disorderly conduct/domestic violence charge with his current wife and is fed up with his children. It sounds like dad is going through an erratic patch and has a hair trigger as a result.

 

[LdiJ]

What is the name of your state (only U.S. law)? AZ

I would like to file a petition for sole legal decision making of my two children (ages 15 and 13) and minimal contact with their father based on the following. I am hoping to do this without an attorney...what are my chances? We have been divorced for approximately 10 years and children would typically be with father on the weekends. Last weekend, Father told minor children that he no longer wishes to have them at his house, to pack all their belongings, call mother (me) to come and pick them up and live with me. He also stated "I am done with you guys." Father is emotionally/mentally unstable and abusive to the children. Father refuses to communicate with mother and has no interest in co-parenting. He stated directly to the children that "Your mom is lucky I didn't kill her when she cheated on me." (which didn't happen, but that is not relevant here). Father has a recent disorderly conduct/domestic violence charge with his current wife, and a history of erratic and unstable behavior that seems to be escalating.

I do not want father to do more damage than he has already done. What are your thoughts? What will the court think in this scenario? Please be kind...we are struggling.

Mom, sole custody will do nothing for you. Sole custody does not take away visitation for the other parent.


What you might want to do is just wait and see what happens rather than poking the bear. Otherwise, perhaps an emergency motion to temporarily suspend visitation based on dad's current erratic behavior. That isn't guaranteed to happen, but it might be worth a shot.

However if I were in your shoes, I would wait and see what happens rather than poking the bear.