Sole custody?

[heartwood]

What is the name of your state? ID

Do any of you have experience with a judge granting sole custody based on one parent’s inability to co-parent?
My ex and I have been sharing joint legal and physical custody on an interim order with him having primary through the 2005/2006 school year.
Since he has had primary custody, he has refused to update me on school communications, neglected to update me on medical and dental, moved and not submitted his new address, interfered in my time/telephone calls with the kids, and in general failed to co-parent with me.
Since the order is to be reviewed this summer, my attorney and I are petitioning for primary custody to revert back to me. What I am wondering is if I can ask for sole custody based on his inability to co-parent. I know judges lean more toward joint these days, but given the circumstances I believe it would be best for the kids.

 

[BelizeBreeze]

What is the name of your state? ID

Do any of you have experience with a judge granting sole custody based on one parent’s inability to co-parent?

many people do, but it is irrelevant to your situation.

My ex and I have been sharing joint legal and physical custody on an interim order with him having primary through the 2005/2006 school year.
Since he has had primary custody, he has refused to update me on school communications, neglected to update me on medical and dental, moved and not submitted his new address, interfered in my time/telephone calls with the kids, and in general failed to co-parent with me.

And what did the court do when you filed a motion to show cause for contempt?

Since the order is to be reviewed this summer, my attorney and I are petitioning for primary custody to revert back to me. What I am wondering is if I can ask for sole custody based on his inability to co-parent. I know judges lean more toward joint these days, but given the circumstances I believe it would be best for the kids.

yes, you can ask for anything. Your chances of receiving it are next to null.

 

[seniorjudge]

What is the name of your state? ID

Do any of you have experience with a judge granting sole custody based on one parent’s inability to co-parent?
My ex and I have been sharing joint legal and physical custody on an interim order with him having primary through the 2005/2006 school year.
Since he has had primary custody, he has refused to update me on school communications, neglected to update me on medical and dental, moved and not submitted his new address, interfered in my time/telephone calls with the kids, and in general failed to co-parent with me.
Since the order is to be reviewed this summer, my attorney and I are petitioning for primary custody to revert back to me. What I am wondering is if I can ask for sole custody based on his inability to co-parent. I know judges lean more toward joint these days, but given the circumstances I believe it would be best for the kids.

Nothing you have listed (assuming you can prove it) sounds like a reason to change the custody.

 

[heartwood]

many people do, but it is irrelevant to your situation.

And what did the court do when you filed a motion to show cause for contempt?

yes, you can ask for anything. Your chances of receiving it are next to null.

I'm sorry, I don't understand the entirety of your response. What about my situation makes it irrelevant?

The contempt motion has yet to be heard, but it has been filed.

I understand that receiving sole custody on the grounds that the other parent is un-cooperative is an uphill battle with a next to null chance of actualizing.

I just wondered if anyone has successfully petitioned on this premise and how extreme the lack of co-parenting needs to be before the courts will consider granting sole custody.

Thanks!

 

[heartwood]

Nothing you have listed (assuming you can prove it) sounds like a reason to change the custody.

Thanks for your response!
What about changing primary custody back to me? In our case, the judge told my ex he HAD to "make it work"! (I moved 280 for a better job, the kids preferece was to stay was the only reason they are with him, even the judge stated that I am the "superior" parent (his words, not mine))
My ex has done everything BUT facilitate. Plus, he has not received the court ordered counseling for issues of anger and aggression.

 

[Ohiogal]

Thanks for your response!
What about changing primary custody back to me? In our case, the judge told my ex he HAD to "make it work"! (I moved 280 for a better job, the kids preferece was to stay was the only reason they are with him, even the judge stated that I am the "superior" parent (his words, not mine))
My ex has done everything BUT facilitate. Plus, he has not received the court ordered counseling for issues of anger and aggression.

YOU LET YOUR KIDS DICTATE THIS? Good grief. Never let minors determine that they are going to live with someone -- that is an adult decision. The man having issues of anger and aggression and you allowing children to stay with him is just frightening. The problem is unless there is an agreement to the contrary that the kids will return to you, you have little to no chance. His anger and aggression problems were not an issue with you when it came to leaving the children there. So the fact that he hasn't received the court ordered counseling is not going to impact custody that much -- it just means he is in contempt.

 

[heartwood]

YOU LET YOUR KIDS DICTATE THIS? Good grief. Never let minors determine that they are going to live with someone -- that is an adult decision. The man having issues of anger and aggression and you allowing children to stay with him is just frightening. The problem is unless there is an agreement to the contrary that the kids will return to you, you have little to no chance. His anger and aggression problems were not an issue with you when it came to leaving the children there. So the fact that he hasn't received the court ordered counseling is not going to impact custody that much -- it just means he is in contempt.

Goodness NO!! The judge made that ruling on an interim base with the condition that HE (my ex) make it work and gets counseling. It's a long story, the short version is that the court appointed evaluator said to let him have the kids because he thought it would avert a situation where my ex would take out his anger against me on the kids if they were allowed to move with me.
I WOULD NEVER HAVE WILLINGLY LEFT MY KIDS WITH HIM.
He had agreed in mediation to let me move - then changed his mind after I moved before the mediated agreement had hit the court.

 

[Ohiogal]

Goodness NO!! The judge made that ruling on an interim base with the condition that HE (my ex) make it work and gets counseling. It's a long story, the short version is that the court appointed evaluator said to let him have the kids because he thought it would avert a situation where my ex would take out his anger against me on the kids if they were allowed to move with me.
I WOULD NEVER HAVE WILLINGLY LEFT MY KIDS WITH HIM.
He had agreed in mediation to let me move - then changed his mind after I moved before the mediated agreement had hit the court.

Okay. Well that clears that up. But since the kids are with him it may be difficult to get them removed unless you can prove he is unfit or you could prove it is in the best interest of the kids for them to come live with you.