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Title: custody question Post by: JudasKiss on February 07, 2013, 07:29:05 PM I currently have full custody of our children with an agreement with my ex. She has now gone of the deep end and is threatening to petition for custody. Anybody know what chance she has of the judge even hearing this?
Title: Re: custody question Post by: scraps66 on February 07, 2013, 08:10:25 PM Not sure. Rare situation here though the threats are somewhat typical for a BP that is not in control.
What is the agreement, waht is the parenting time with either, and what is "the deep end"? How long has the custody agreement been in place? I would imagine the Petition could be heard, but little chance of overturning with her having custody. I have thought of this for myself, how possible would it be to go from 50/50 to full custody. Probably at a minimum a custody evaluation and a lot of litigation and court time. I would also think it has to do with your courthouse, is it pro mother, pro 50/50, etc. My courthouse would probalby love to invent a reason to give a mom, evena BPed one, full custody. Title: Re: custody question Post by: JudasKiss on February 07, 2013, 09:13:45 PM Not sure. Rare situation here though the threats are somewhat typical for a BP that is not in control. What is the agreement, waht is the parenting time with either, and what is "the deep end"? How long has the custody agreement been in place? I would imagine the Petition could be heard, but little chance of overturning with her having custody. I have thought of this for myself, how possible would it be to go from 50/50 to full custody. Probably at a minimum a custody evaluation and a lot of litigation and court time. I would also think it has to do with your courthouse, is it pro mother, pro 50/50, etc. My courthouse would probalby love to invent a reason to give a mom, evena BPed one, full custody. I have 100% custody. She can't even have them overnight. In the agreement it has she can see them within reason with both parties agreeing. The agreement has been since April of last year. Title: Re: custody question Post by: catnap on February 08, 2013, 07:50:47 AM Document her "off the deep end" behavior and also keep documentation of when you have let her see the children.
Did she voluntarily give you sole custody? Title: Re: custody question Post by: ForeverDad on February 08, 2013, 12:08:14 PM Was the agreement made an order of the court? If not, then it may carry less weight with the court.
While courts are reluctant to change the status quo, with visitation being so limited and conditional, it may allow the case to move forward. If it's a court order and she wants custody changed, the court may require her to file Change of Cricumstances with solid reasons why a change is needed. (She is highly unlikely to overcome your history of near-total past parenting but even the unlikely is a real risk, so be very careful.) If she just wants more time, then a Motion to Modify Parenting Schedule (or whatever your court calls it) may be all that is needed. Frankly, based on her past history, in a few weeks or months she'll probably lose interest in parenting again. Something must have triggered her to refocus back on the kids, perhaps her latest relationship just ended? Your ex seems to be one of those few described here who is not immensely possessive of the children and is more concerned with her (various) adult activities and relationships than with her parenting relationships. |