• 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.

Does this qualify as change in circumstance?

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

poppabear

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

My daughter is 3 and has lived with me and my wife (her stepmom) for the last year and a half. She will be starting the Head Start Program in September, and my wife is considering going back to work at that time. This would mean that for about 4 hours 4 days a week my daughter would be in daycare for the first time in her life. I would be with her the exact same amount of time I am now, since all of her time away from home would take place while I'm at work. Would this qualify as a significant enough change in circumstance to change custody to her mother?

My ex currently works the hours our daughter would be in daycare, but has mentioned before that if she were to quit her job and get custody, she would get about as much in child support as she makes at her part-time job. She also gets several forms of state assistance, and has told me that if she stops working then she will get more food stamps and cash assistance if she has our daughter. Currently, the child support order (her paying me) is suspended because she is on welfare and getting cash assistance. She is very money-motivated, and though she rarely utilizes all of her visitation time, she frequently talks about how her having custody would benefit he financially.

The extra income from my wife working would be really nice, especially since my company is beginning to feel to effects of the economy. But there is nothing that means more to me than having my daughter, and no amount of money could make up for it if I lost custody.
 


haiku

Senior Member
No. Having to utilize daycare is not normally a reason in and of itself to petition and get a custody change.
 
What is the name of your state (only U.S. law)? Oregon

My daughter is 3 and has lived with me and my wife (her stepmom) for the last year and a half. She will be starting the Head Start Program in September, and my wife is considering going back to work at that time. This would mean that for about 4 hours 4 days a week my daughter would be in daycare for the first time in her life. I would be with her the exact same amount of time I am now, since all of her time away from home would take place while I'm at work. Would this qualify as a significant enough change in circumstance to change custody to her mother?

My ex currently works the hours our daughter would be in daycare, but has mentioned before that if she were to quit her job and get custody, she would get about as much in child support as she makes at her part-time job. She also gets several forms of state assistance, and has told me that if she stops working then she will get more food stamps and cash assistance if she has our daughter. Currently, the child support order (her paying me) is suspended because she is on welfare and getting cash assistance. She is very money-motivated, and though she rarely utilizes all of her visitation time, she frequently talks about how her having custody would benefit he financially.

The extra income from my wife working would be really nice, especially since my company is beginning to feel to effects of the economy. But there is nothing that means more to me than having my daughter, and no amount of money could make up for it if I lost custody.
I vote NO!
You are using babysitting/daycare services now. Step-Mom. Granted it's free care, but care by a person who is not a parent.
I can't see how it is different or would constitute a change in circumstances.
 

Zigner

Senior Member, Non-Attorney
No. Having to utilize daycare is not normally a reason in and of itself to petition and get a custody change.
HOWEVER, if the ex-wife quits, she can ask for RoFR - basically, instead of daycare, child would go to Mom during the day.
 

Find the Right Lawyer for Your Legal Issue!

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