custody hange needed

[mommyofthree]

What is the name of your state? ohio

my son is 8 i had full custody untill he was 4 then we went to shared parenting where my ex is residential becasue i lived in a bad school district. Now I am wanting full cusdtody back. My ex has been married na ddivorsed again. lives in a two bedroom apt with my son and his two small daughters, he drinks and throws parties he has left my son alone at night to go to a party a few apartments away from his. my son is not in a stable enviroment. he comes to my house four days a week, goes to the other ex wifes house one day a week and goes to differnet grandparents the other days. my son has told the drs that his dad hits him and children services was called but since i am not residential parent they wouldnt tell me anything othe rthen they think my son is ok. my ex will get drunk and try to fight my current husband. I am a stay at home mom and we are in a stable living enviroment and my husband maeks good money. what are my chances here in Ohio on winning this. Right now I tried to get him to give me residentail parenting he agreednow has changed his mind.

 

[LdiJ]

What is the name of your state? ohio

my son is 8 i had full custody untill he was 4 then we went to shared parenting where my ex is residential becasue i lived in a bad school district. Now I am wanting full cusdtody back. My ex has been married na ddivorsed again. lives in a two bedroom apt with my son and his two small daughters, he drinks and throws parties he has left my son alone at night to go to a party a few apartments away from his. my son is not in a stable enviroment. he comes to my house four days a week, goes to the other ex wifes house one day a week and goes to differnet grandparents the other days. my son has told the drs that his dad hits him and children services was called but since i am not residential parent they wouldnt tell me anything othe rthen they think my son is ok. my ex will get drunk and try to fight my current husband. I am a stay at home mom and we are in a stable living enviroment and my husband maeks good money. what are my chances here in Ohio on winning this. Right now I tried to get him to give me residentail parenting he agreednow has changed his mind.

File for a custody modification...since you are able to be a "stay at home mom" its possible you could win primary custody....particularly if you can prove that there are "issues". However don't accuse without proof.

 

[mommyofthree]

i have been keeping a journal, i have neighbors that seen my son get off the bus in shorts and no coat when its raining and 30 degress outside. I have the drs notes from when my son said he was beening hit. my ex was in jail for abusing his current wife but tha was a few years ago, my son has seen his dad hit her and he said that his dad hit the side of her hand witht he car as he was angry and trying to leave her at the park.

 

[LdiJ]

i have been keeping a journal, i have neighbors that seen my son get off the bus in shorts and no coat when its raining and 30 degress outside. I have the drs notes from when my son said he was beening hit. my ex was in jail for abusing his current wife but tha was a few years ago, my son has seen his dad hit her and he said that his dad hit the side of her hand witht he car as he was angry and trying to leave her at the park.

I suggest getting a consult with a local attorney. It sounds like you have some reasonable basis to ask for a modification. The fact that he has three kids(mixed genders) in a two bedroom apartment is another factor.

 

[mommyofthree]

thank you i am meeting with a lawyer wensday and wanted to maek sure i stood a chance before i lose all my money

 

[LdiJ]

thank you i am meeting with a lawyer wensday and wanted to maek sure i stood a chance before i lose all my money

You do stand a very reasonable chance. You have three factors in your favor 1) stay at home mom, 2) some proof that dad has issues, 3) three kids of mixed genders living in a 2 bedroom apartment.

Dad has two factors, 1) consistancy of custody, 2) possibly still a better school district unless that has changed.

An attorney can best evaluate that for you but it sounds to me like you come ahead in the "race".

 

[mommyofthree]

we live in the same town now and I also homeschool my kindergarten daughter. i do plan to leave my son in school for the time being. thanks again

 

[mommyofthree]

me ex agreed the other night to sign custody over to me. I got a lawyer and she wrote up papers we are suppose to meet with her tomorrow morning and sign them. My ex just informed me that he will not be there and gave me tons of excuses. How will this look for him when we go to court.