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Mother would like change of custody and legal status

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outhouse

Member
What is the name of your state (only U.S. law)? Ca


Court order states I have 51% custody and deciding vote for shared legal custody.



after 2+ years since you all helped educate me to fight this battle myself. Im back.



Current Status, I have 75% custody and had my 5 year old daughter in kindergarden for 8 months where she is doing wonderful and my house is now her primary residence. Child is doing wonderful in school and she has a excellent attendance record.



The Mother has filed for change of custody, She wants her to go to school in her home town 30 minutes away and get her for the school week. All based on the fact her work hours would give her more time with the child.

Her lawyers stated that I made the choice unilaterally, for the child to school in my home town.



She also wants the legal custody to be shared not me having the final say so.



First, we have had open communication and all things were well discussed, mother even filed for mediation when the child was going to go to school up here and then changed her mind and cancelled it and agreed about this school. So it may be hard to prove I made the choice without talking to her. She also provided in the motion, a notorized new parenting schedule she and I agreed on and both signed.




I have been flexible with every parenting option and taken the childs best interest at heart. I have maintained excellent communication to the point we have had many outings as a family up until she had the new fiancee last month, hence the new court battle. 99% of the time the mother calls daily, she can talk to her daughter. sometimes its bath or homework and I dont answer but often call back.

The school my daughter attends API is 842 above the state recommendation, the mothers school is 776, below the sate recommendation.

The crime rate here in the last 90 days was 5 incidents in a 1 mile range, the mothers area had 69 in the same parameters, which would correlate to less drug useage in the schools as well as a better enviroment.
[I live a little in the counrty while the mother lives in a bad area of a large city]


I have flexibility in my work hours as well and only need her grandmother to watch her 1-2 days a week in the early evening.


I have a note from her teacher stating I have done great job with my daughters education and that the mother has not been involved and she has only recieved 1 email from mom concerning her daughters education.






As far as the legal custody, she basically just doesnt like me having the final say so.


Now mother did abuse her legal custody and went and got a perscription for flouride without asking me. No big deal but she went and overdosed the child and stained her front baby teeth brown. I was livid when I discovered it.

So I dont think she has much of a case there.




I dont think she has a case for custody either as the child has established herself in a great/better school and ive been a good a parent as one could.



Any thoughts??? thanks sorry for the length
 
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outhouse

Member
Mother I believe also abused her legal status by buying plane tickets for her and our daughter for a trip out of country for a month.

She sent me a email just stating im taking the baby for a month on such and such a date.

No discussion at all.
 

Ohiogal

Queen Bee
What is the substantial change of circumstance in the life of the child that allows for a custody change?
 

outhouse

Member
Thanks Ohiogal

This whole proccess stresses me out.



No change at all.


Mother just has a new fiancee with money to pay for a lawyer, and wants the child to change schools so that she has primary custody.


Courts are sending us to a mediator in a little over a week.
 

Proserpina

Senior Member
Without a substantial CoC, this shouldn't even be an issue.

Child is settled, nothing has changed, hence there's no reason to change custody. Do you have an attorney? I'd strongly recommend one, and I'd be very careful what I agreed to in mediation.

Don't be bullied or pressed into agreeing to something that's going to disrupt the status quo.
 

outhouse

Member
Without a substantial CoC, this shouldn't even be an issue.

Child is settled, nothing has changed, hence there's no reason to change custody. Do you have an attorney? I'd strongly recommend one, and I'd be very careful what I agreed to in mediation.

Don't be bullied or pressed into agreeing to something that's going to disrupt the status quo.


I represented myself through a 18 month ordeal against some tough lawyers. I understand your concerns but dont have the money.


The mediators do generally like me and I do keep in mind the childs best interest in mind and the fact im flexible and giving regarding mothers wishes as well as keep open communication as priorities.


I have done my homework and try and go in with a loaded gun.
 

PQN

Member
Do you court orders say anything about travel out of the country? Does the baby have a passport? Does mom or her new guy have ties to a forgien country?
 

outhouse

Member
Do you court orders say anything about travel out of the country? Does the baby have a passport? Does mom or her new guy have ties to a forgien country?

Nothing in the court orders at all.


I have let her go already with the child a few years back, im not worried about that.


But yes child has a passport, and mom does have ties in said country



Its just her not talking with me that bothers me, [her just telling me she's going] I havnt made stink about it, agreed nor complained since the email telling me she has already bought tickets.
 

outhouse

Member
Per Ohiogal ill keep new questions within this thread.


This question regards the phone calls of the NCP, I almost never refuse the phone calls but at what point do i quit putting up with the possible abuse.

The NCP now that we are going to court calls daily instead of 2-3 times during the 4.5 days I have the child. No problem there, Im not trying to stop contact.



During these daily calls the first 5 minutes she interrogates the child on meals and bathing and day care provided by grandmother on those days grandmother has her.

If we dont answer due to bathing or homeowrk or meals, I will be bombarded with emails and she will repeatedly call the cell and the land line till we pick up.



what is the best way to deal with this petty issue keeping the best interest of the child. Its to the point if I want a nap i have to unplug the phone
 

LdiJ

Senior Member
Per Ohiogal ill keep new questions within this thread.


This question regards the phone calls of the NCP, I almost never refuse the phone calls but at what point do i quit putting up with the possible abuse.

The NCP now that we are going to court calls daily instead of 2-3 times during the 4.5 days I have the child. No problem there, Im not trying to stop contact.



During these daily calls the first 5 minutes she interrogates the child on meals and bathing and day care provided by grandmother on those days grandmother has her.

If we dont answer due to bathing or homeowrk or meals, I will be bombarded with emails and she will repeatedly call the cell and the land line till we pick up.



what is the best way to deal with this petty issue keeping the best interest of the child. Its to the point if I want a nap i have to unplug the phone
There are lots of parents, mothers and fathers who want to speak to their children on a daily basis. Many judges consider that to be totally reasonable as long as the calls are not coming at unreasonable times of the day. (after bedtime, for example) If mom leaves a message then you should promptly have the child call her back. If you consistantly do so, then mom won't have a reason to keep trying over and over again.

I understand not answering when the child is in the bathtub, and maybe not interrupting meals, but it may be pushing it a bit to also insist that homework not be interrupted. If you think about it, on school nights there is very little time available that would not interrupt dinner, homework or bath.
 

outhouse

Member
There are lots of parents, mothers and fathers who want to speak to their children on a daily basis. Many judges consider that to be totally reasonable as long as the calls are not coming at unreasonable times of the day. (after bedtime, for example) If mom leaves a message then you should promptly have the child call her back. If you consistantly do so, then mom won't have a reason to keep trying over and over again.

I understand not answering when the child is in the bathtub, and maybe not interrupting meals, but it may be pushing it a bit to also insist that homework not be interrupted. If you think about it, on school nights there is very little time available that would not interrupt dinner, homework or bath.
There are very few nights I have refused to answer, if our daughter is asleep early I wont pick up.

Sometimes she calls when she thinks im home, and thats when all the messages show up.


I dont try and get in the way of the mother/child relationship.


again 2 months ago there was no issue what so ever, all this complaining on moms part is due to the new fiancee
 

gam

Senior Member
There are very few nights I have refused to answer, if our daughter is asleep early I wont pick up.

Sometimes she calls when she thinks im home, and thats when all the messages show up.


I dont try and get in the way of the mother/child relationship.


again 2 months ago there was no issue what so ever, all this complaining on moms part is due to the new fiancee
Why not suggest to mom that you will have the child call her nightly before bed, after she does homework, eats dinner and baths. It's a very reasonable and fair solution for all envolved, so mom can have her daily contact with the child. Once a day is reasonable.
 

outhouse

Member
Why not suggest to mom that you will have the child call her nightly before bed, after she does homework, eats dinner and baths. It's a very reasonable and fair solution for all envolved, so mom can have her daily contact with the child. Once a day is reasonable.

Sounds good


Ive never had a problem with thedaily phone calls.

just the mom questioning the child instead of talking to me about it, and even thats not a big deal. Just a slight irritant.
 

outhouse

Member
Just got back, a few positive notes. but only a sort of orientation done. still need next tuesday to finish. Mediator wanted to take time to read my response and digest it. As well gave mother my response.




Mediator has lived all his life in my home town, and understands the positive enviroment here [less crime better schools]

Mediator works in office with my last mediator who worked well with me and really helped me get through the original custody battle.

Mediator stated mother moved away and it gives dynamics to the case.

Mediator confirmed mother has no immediate family in her city. while child has family in fathers city.





I didnt pick up on one negative comment. keeping fingers crossed.
 
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