What are NCP's custody chances?

[NITM]

What is the name of your state? CA

In your opinion, what are the chances of my husband (NCP) being able to become CP for his 15 yr old son? CP is a so called "stay at home mother" with two other children from her current marriage. Yet, CP appears too busy with the other two children to successfully handle their 15 yr old son in regard to schoolwork, discipline, etc. He has failing grades on every report card for the past 4 years and NCP would like to have him live with us to finish his last 2 years of high school, in hopes that his grades will improve so he will actually graduate. CP and her mother (child's grandmother) constantly threaten 15 yr old that if he lives with his dad that they will cut him out of the will, not buy him a car when he's 16 (regardless of failing grades) like they promised, will never allow him to see his younger brother & sister anymore, and that CP will refuse to see him anymore. Also, CP has always been uncooperative, controlling and consistently tries to thwart visitation with NCP (we have 9 police reports, but the court would never do anything).

NCP and I both work full-time, but NCP would be home by the time or shortly after the boy would get home from school each day. He would like to take CP to court for a custody change - what are the odds? (Child support is and has always been current and there's never been any other issues). NCP is also the parent with whom there would be no question at all about him supporting the boy's relationship with the other parent.

Thanks.

 

[NITM]

I'm taking the non-response to my post as a sign that NCP is SOL?

 

[CJane]

NCP has to prove to the court that there has been a significant and continuing change in circumstances, and that the change is such that the child's best interests would be served by changing custody.

I don't know that failing grades alone is going to do that.

 

[seniorjudge]

Q: What are NCP's custody chances?

A: 50-50, more or less.

 

[NITM]

Thanks for your input. His son has also expressed interest in moving in with us, and since he's 15, he's supposed to be allowed a say in the matter. We're hoping that helps. We know that just because the CP is a lying psychopath who's always trying to thwart visitation isn't enough either, but at least it does give us other points to include in the declaration. I also can't imagine the court thinking it's in the child's best interests for his mother to threaten him like she does any time he mentions moving in with his dad.

 

[LdiJ]

Thanks for your input. His son has also expressed interest in moving in with us, and since he's 15, he's supposed to be allowed a say in the matter. We're hoping that helps. We know that just because the CP is a lying psychopath who's always trying to thwart visitation isn't enough either, but at least it does give us other points to include in the declaration. I also can't imagine the court thinking it's in the child's best interests for his mother to threaten him like she does any time he mentions moving in with his dad.

I don't think it would hurt to try. The educational issues appear to be at least be serious enough that a judge might feel it to be in the child's best interest to try a change in custody, particularly if the child would also express a wish to make that change.

Its by no means a guaranteed winner...but I don't think its without hope.

 

[stealth2]

Just something else to bear in mind - the child's maturity is going to come into play wrt how much weight his wishes are given. His grades will not benefit that point - if anything, they show a lack of maturity. In addition, presumably the only "proof" of Mom's comments come from the boy - again, his maturity will come into play as to how credible his testimony is.

 

[casa]

What is the name of your state? CA

In your opinion, what are the chances of my husband (NCP) being able to become CP for his 15 yr old son? CP is a so called "stay at home mother" with two other children from her current marriage. Yet, CP appears too busy with the other two children to successfully handle their 15 yr old son in regard to schoolwork, discipline, etc. He has failing grades on every report card for the past 4 years and NCP would like to have him live with us to finish his last 2 years of high school, in hopes that his grades will improve so he will actually graduate. CP and her mother (child's grandmother) constantly threaten 15 yr old that if he lives with his dad that they will cut him out of the will, not buy him a car when he's 16 (regardless of failing grades) like they promised, will never allow him to see his younger brother & sister anymore, and that CP will refuse to see him anymore. Also, CP has always been uncooperative, controlling and consistently tries to thwart visitation with NCP (we have 9 police reports, but the court would never do anything).

NCP and I both work full-time, but NCP would be home by the time or shortly after the boy would get home from school each day. He would like to take CP to court for a custody change - what are the odds? (Child support is and has always been current and there's never been any other issues). NCP is also the parent with whom there would be no question at all about him supporting the boy's relationship with the other parent.

Thanks.

At age 15 he isn't "supposed to have a say in the matter"...who told you that? In CA, a child is a minor until age 18. The child's wishes may be considered, depending on many factors (as Stealth indicated, maturity is an important one- and with failing grades for 4 years straight, I don't see much maturity there). Typically the child would have a GAL, Minor's Attorney or CASA appointed for them...which is who would advise the court re; the child's Best Interest.

In CA it's very easy to determine if it's going to be 'enough' to change custody. Look up "Change of Circumstance" online in CA Family Codes.

Here is the issue I see: For FOUR years the child has had failing grades? What did NCP do during those four years? If the NCP wants to blame CPs lack of action on the child's educational progress~ then I hope the NCP has proof of all they've done to remedy the situation. (Anyone meet with the school, guidance counselor, etc? Anyone hire a tutor? etc. etc.) In other words, if NCP hasn't DONE anything- it won't help them to go to court complaining the CP hasn't done anything.

 

[NITM]

Good points from all - thanks