Petitioning the court for custody

[cat521]

Quick question, how often can the non-custodial parent petition the court for custody? I was awarded sole custody in the spring of 2002. Nothing has changed since then.

 

[LdiJ]

Quick question, how often can the non-custodial parent petition the court for custody? I was awarded sole custody in the spring of 2002. Nothing has changed since then.

That is a VERY state specific question.

 

[timsgurlfurlife]

I think that the NCP can petition the court for custody as many times as they want......BUT they have to prove that the situation that the child is in has changed..... my ex keeps trying but gets no where. And they would have to prove that you were unfit etc.

 

[cat521]

We are in Michigan. I don't have the finances to keep hiring an attorney. This is getting very old. I am tired of fighting. My son is 15 and wants to live with his dad. His paternal grandparents testified on my behalf in 2002 and the courts ruled in my favor. What are my options?

 

[timsgurlfurlife]

Sounds like you are ok unless the NCP proves otherwise. Let him petition as much as he/she wants. If you are in the same position you were in when you were given sole custody you shouldn't have anything to worry about

 

[LdiJ]

We are in Michigan. I don't have the finances to keep hiring an attorney. This is getting very old. I am tired of fighting. My son is 15 and wants to live with his dad. His paternal grandparents testified on my behalf in 2002 and the courts ruled in my favor. What are my options?

I am assuming that if the paternal grandparents testified on YOUR behalf that there are some relatively serious fitness issues with dad? Is that correct?

If so, then you are going to have to keep fighting the battle even if you have to represent yourself instead of using an attorney.

However....if dad is NOT unfit then you might want to consider letting your son spend the summer with him on a "trial basis". Many teens who insist that they want to live with the other parent discover very quickly that the grass is NOT greener on the other side.

 

[cat521]

We have been divorced for 14 years. My son is going to be 16 in July. The first 9 years of my son's life was spent without his father because of his drug addiction. He did not try to get visitation or custody until he was married. He has been clean and sober for 6 years however, his wife is a drug addict that is still using. This is known through his family. She is very unstable and put a strain on my ex's relationship to extent that he did not talk with his family for two years. He divorced his wife 2 years ago and mended his relationship. They recently rekindled their relationship and therefore the custody issues have been brought forth again.

My problem is not so much with his father but more so with the stepmom. She convinced my son 3 years ago that he was not in a family because he lived with his sister and I. She told him since there wasn't a mom and a dad in the household then he wasn't a part of the family. This is what he told the court.

He is a very sensitive and impressionable kid. I don't think that she is a stable person for him to be around and since his father works nights, she would be the primary care giver while he is there. With him their on the weekend, he is with his father.

 

[LdiJ]

We have been divorced for 14 years. My son is going to be 16 in July. The first 9 years of my son's life was spent without his father because of his drug addiction. He did not try to get visitation or custody until he was married. He has been clean and sober for 6 years however, his wife is a drug addict that is still using. This is known through his family. She is very unstable and put a strain on my ex's relationship to extent that he did not talk with his family for two years. He divorced his wife 2 years ago and mended his relationship. They recently rekindled their relationship and therefore the custody issues have been brought forth again.

My problem is not so much with his father but more so with the stepmom. She convinced my son 3 years ago that he was not in a family because he lived with his sister and I. She told him since there wasn't a mom and a dad in the household then he wasn't a part of the family. This is what he told the court.

He is a very sensitive and impressionable kid. I don't think that she is a stable person for him to be around and since his father works nights, she would be the primary care giver while he is there. With him their on the weekend, he is with his father.

Well...then this appears to be a battle that you continue to need to fight.....if you are sure that dad's ex-wife is still using.

 

[vlada]

Somehow it seems to me that your problem is not with your ex or stepmom.
I think you have a problem with your son who wants to live with dad.
Probable reasons for it
- he's a teen, and don't like your rules
- he doesn't really know his farther, and thinks he will be free there
- he's got somewhat brainwashed, and so on.
This is just my opinion.