B
BugHogan
Guest
Minnesota
Posted this before on the child custody board. No responses, I think I droned on too long. I will TRY to make this one shorter!
Father is NCP with joint legal for daughters, ages 12 (13 in Sept.) and age 13 (14 in Aug.) He is also CP for son from the same marriage, now 18, but still living with him.
Visitation was liberal because of parties close proximity to each other, ex decided to move 2 hours away approximately 3 years later.
Relationship between him and ex is antagonistic at best, she allows visitation but does not consult with him on anything regarding the kids, stating that she has "sole custody" and the decisions are up to her.
13-year old has been having problems in school for a couple of years and is now failing several classes. It is unknown whether or not she will pass 8th grade. Ex lives with boyfriend who has been arrested for domestic violence against her in the past (with children present as onlookers) and has been on public assistance for almost 12 years. Next year her lifetime limit runs out and she has yet to attempt to secure a job, car, or high school diploma. Father pays child support and takes advantage of all visitation time, including 2 or 3 weekends a month, most holidays, most school breaks and the majority of the summer.
Father is greatly concerned about the welfare of his daughters. They both have expressed a desire to live with him for many years. Our questions are:
1) Does he have a case to modify custody?
2) Will the children's preferences be taken into account per their age?
3) Will their mutual son be allowed to testify on his father's behalf as to his capabilities as a custodial parent?
Thank you for any light you can shed on this.
Posted this before on the child custody board. No responses, I think I droned on too long. I will TRY to make this one shorter!
Father is NCP with joint legal for daughters, ages 12 (13 in Sept.) and age 13 (14 in Aug.) He is also CP for son from the same marriage, now 18, but still living with him.
Visitation was liberal because of parties close proximity to each other, ex decided to move 2 hours away approximately 3 years later.
Relationship between him and ex is antagonistic at best, she allows visitation but does not consult with him on anything regarding the kids, stating that she has "sole custody" and the decisions are up to her.
13-year old has been having problems in school for a couple of years and is now failing several classes. It is unknown whether or not she will pass 8th grade. Ex lives with boyfriend who has been arrested for domestic violence against her in the past (with children present as onlookers) and has been on public assistance for almost 12 years. Next year her lifetime limit runs out and she has yet to attempt to secure a job, car, or high school diploma. Father pays child support and takes advantage of all visitation time, including 2 or 3 weekends a month, most holidays, most school breaks and the majority of the summer.
Father is greatly concerned about the welfare of his daughters. They both have expressed a desire to live with him for many years. Our questions are:
1) Does he have a case to modify custody?
2) Will the children's preferences be taken into account per their age?
3) Will their mutual son be allowed to testify on his father's behalf as to his capabilities as a custodial parent?
Thank you for any light you can shed on this.