What is the name of your state? Kansas
We would like to change from joint legal custody to sole legal custody (we are the custodial father of 10 years and the step mother of 5.5 years).
Currently the mother is pursueing a visitation reinstatement through the courts. Her visitation was legally denied for the past six months due to her refusal to follow several court orders, refusal to cooperate with our court appointed moderator, and leaving the children unsupervised while she went out to a bar. She had been previously instructed by a case manager to absolutely not leave the children in her home unsupervised, and the youngest has been injured in the past when she did leave them unsupervised.
In the past six months we have arranged with her for her to be able to visit with the kids off and on. Although her visitation was denied we wanted for the kids to be able to spend some time with her at least once every two weeks.
Currently we are willing to agree to a limited reinstatement of her visitation. Yet, we wish to gain sole legal custody. We want sole legal custody because in past months she attempted to deny one of the children medical care. One of the children had suffered several ear infections spanning throughout two years. This child suffered a ruptured ear drum and significant hearing loss in one ear. Two doctors recommended that we immediately have tubes inserted in her ears. The mother stated 'I will not consent to this because it costs too much, it has to at a minimum wait a few months until I can find a job, besides it's not like she just can't sit in the front of her classroom so she can hear a little better or be able to read her teacher's lips'. The mother also refuses to respond to emails we send her about extracirricular activities such as soccer. She also refuses to speak with us concerning their educations. The kids are very bright and have passed tests to gain admittance into their school's program for 'gifted students' but the mother will not respond to our emails about this.
Note: all communication between her and us occur in emails. This was court ordered about three years ago due to her being caught in several lies. Also because we were able to prove that she harrassed us through the phone by recording past phone conversations. So anyway, because all communications are in emails we have proof of what she says and proof of what she refuses to discuss with us.
We would like to know if a Judge would be willing to consider her refusal to discuss the children with us and refusal to consent to them recieving proper medical care as a reason to grant us sole legal custody?
Thank you for your time.
We would like to change from joint legal custody to sole legal custody (we are the custodial father of 10 years and the step mother of 5.5 years).
Currently the mother is pursueing a visitation reinstatement through the courts. Her visitation was legally denied for the past six months due to her refusal to follow several court orders, refusal to cooperate with our court appointed moderator, and leaving the children unsupervised while she went out to a bar. She had been previously instructed by a case manager to absolutely not leave the children in her home unsupervised, and the youngest has been injured in the past when she did leave them unsupervised.
In the past six months we have arranged with her for her to be able to visit with the kids off and on. Although her visitation was denied we wanted for the kids to be able to spend some time with her at least once every two weeks.
Currently we are willing to agree to a limited reinstatement of her visitation. Yet, we wish to gain sole legal custody. We want sole legal custody because in past months she attempted to deny one of the children medical care. One of the children had suffered several ear infections spanning throughout two years. This child suffered a ruptured ear drum and significant hearing loss in one ear. Two doctors recommended that we immediately have tubes inserted in her ears. The mother stated 'I will not consent to this because it costs too much, it has to at a minimum wait a few months until I can find a job, besides it's not like she just can't sit in the front of her classroom so she can hear a little better or be able to read her teacher's lips'. The mother also refuses to respond to emails we send her about extracirricular activities such as soccer. She also refuses to speak with us concerning their educations. The kids are very bright and have passed tests to gain admittance into their school's program for 'gifted students' but the mother will not respond to our emails about this.
Note: all communication between her and us occur in emails. This was court ordered about three years ago due to her being caught in several lies. Also because we were able to prove that she harrassed us through the phone by recording past phone conversations. So anyway, because all communications are in emails we have proof of what she says and proof of what she refuses to discuss with us.
We would like to know if a Judge would be willing to consider her refusal to discuss the children with us and refusal to consent to them recieving proper medical care as a reason to grant us sole legal custody?
Thank you for your time.