a quick question

[capric0rn]

What is the name of your state? AL


Me & my fiance are getting married in Sept. He has 2 daughters with his previous wife. We will be living to where the children can attend the same school that they do now. Ok, here is my question.
When they 1st got divorced the lawyer encouraged joint-custody. Due to his job this was not possible. He has to leave for work at 4am and would not have anything to do with the kids this early. She said at the time, if he ever got remarried or his job changed she would be willing to do joint-custody.
He has now discussed with me about getting joint-custody soon after we married. Which is ok with me. He misses his girls and only gets them every other weekend. They also comment all the time how they wish that they could spend more then just 2 days with him. So it seems logical. However, I have been told that a judge won't change a custody arrangement just because of a marriage. Is this true? Or as long as the mother is ok with it can we go ahead and proceded with this? Any advice is appreciated!

 

[ceara19]

A marriage alone is sometimes enough to change the order, but if both parties are in agreement, nothing else is needed. It could even be done though a mediator and then submitted to the court.

 

[LdiJ]

A marriage alone is sometimes enough to change the order, but if both parties are in agreement, nothing else is needed. It could even be done though a mediator and then submitted to the court.

I agree that if the parties are in agreement, a change of circumstance is not needed.

However, I have yet to see a case where a marriage alone had any significant impact on a contested custody decision.

 

[weenor]

If the parties do not agree in Alabama, the party wanting a change in physical custody must bears the legal burden of proving that there has been a material change in circumstances and that the benefit to the child materially outweighs the dispution caused by the change. The marriage of the party wanting the change is not sufficient to warrant a change in placement. Basically, Dad would have to have evidence the mother is unfit and dangerous to the children. Now the standard for increasing visitation without changing placement is arguably somewhat different, but I have not found any cases directly on point in Alabama. Please note that there still must be a material change in circumstances to file for any modication (even increase or decrease of child support), and the Alabama Court of Civil Appeals has held that a marriage of one of the parties, in and of itself, does not constitute a material change in circumstances. You'll need more even for an increase in visitation.

 

[nextwife]

How does an increase in time with the other parent NOT benefit them? Getting to see Daddy more frequently is itself a benefit.

 

[weenor]

How does an increase in time with the other parent NOT benefit them? Getting to see Daddy more frequently is itself a benefit.

I agree that more time with any parent is good if the parent is capable.....but understand that the courts do not like to bounce the physical location of the children around once an order has been issued. There is a presumption in law that if ain't broke, don't fix it.... I did not mean to imply that no increase in visitation could happen, but I am saying absent compelly evidence of danger a change in custody is almost impossible and would certainly not be upheld by the appellate courts even if you could find a circuit judge that would do it.