custody

[cspu]

I live in Ga. 02-18-01 will be two years since the divorce was final. I have an eight year old daughter, who resides with her mother. The mother has full physical custody and we have joint legal custody. The mother has moved four times within our county twice living with her sister. Less than six months after the divorce the mother started working third shift. It is in the papers that if one of us has to work an odd shift the child spends the night with the other parent. Since she started working third shift I have had the child every other Tue.,Wed.,Thur, and every other Fri.,Sat.,Sun, I also have her every Wed. When the child spends the night with her mother and we are talking on the phone, the child wants to come stay with me. The last time this happened the mother called me back and told me that she needed some help, that everytime the child speaks to me she start crying and wants to come stay with me. The mother then told me that she doesnt like for the child to cry, and that I should tell the child that when it is her time with the mother to stay with the mother. I have also been cussed out on the phone by the mother with the child standing by the mother. The child said something to me the next time I had her. Now the school has sent me a letter stating that the child is failing in two subjects, and that they did not realize that there were two separate households. That I am such a big part of the childs life they would like my input and have a meeting with them. In the same note was the minutes of the last meeting with the mother, the mother said that the child wants to be babied and that the father does. She also stated that the father will not attend the meetings therefore not offering the consitency that is needed. She has never told me about a meeting. The child told me that she and her cousin got lost in a subdivision while riding their bikes at their mothers, that they started crying and the mother found them in the car. I want to sue for full custody or at least joint physical custody. I fear that as soon as I do the mother will stop working the third shift and I will have to go back to every other Fri.,Sat, and every Wed. I hope you can give me some good news. At least the facts. Thanks

 

[LegalBeagle]

I live in Ga. 02-18-01 will be two years since the divorce was final. I have an eight year old daughter, who resides with her mother. The mother has full physical custody and we have joint legal custody. The mother has moved four times within our county twice living with her sister. Less than six months after the divorce the mother started working third shift. It is in the papers that if one of us has to work an odd shift the child spends the night with the other parent. Since she started working third shift I have had the child every other Tue.,Wed.,Thur, and every other Fri.,Sat.,Sun, I also have her every Wed. When the child spends the night with her mother and we are talking on the phone, the child wants to come stay with me. The last time this happened the mother called me back and told me that she needed some help, that everytime the child speaks to me she start crying and wants to come stay with me. The mother then told me that she doesnt like for the child to cry, and that I should tell the child that when it is her time with the mother to stay with the mother. I have also been cussed out on the phone by the mother with the child standing by the mother. The child said something to me the next time I had her. Now the school has sent me a letter stating that the child is failing in two subjects, and that they did not realize that there were two separate households. That I am such a big part of the childs life they would like my input and have a meeting with them. In the same note was the minutes of the last meeting with the mother, the mother said that the child wants to be babied and that the father does. She also stated that the father will not attend the meetings therefore not offering the consitency that is needed. She has never told me about a meeting. The child told me that she and her cousin got lost in a subdivision while riding their bikes at their mothers, that they started crying and the mother found them in the car. I want to sue for full custody or at least joint physical custody. I fear that as soon as I do the mother will stop working the third shift and I will have to go back to every other Fri.,Sat, and every Wed. I hope you can give me some good news. At least the facts. Thanks

There is a possibility that you have enough for a change in custody but I would not petition for joint physical as your whole arguement should be that the child needs some stability. Take all your details to a local attorney. They will best advise you as to how the case 'feels' and what the mood of the local courts are. This case is to close to make a determination from here.