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Family Court Strategies: When Your Partner Has BPD OR NPD Traits. Practicing lawyer, Senior Family Mediator, and former Licensed Clinical Social Worker with twelve years’ experience and an expert on navigating the Family Court process.
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Author Topic: suggestions on how to get full custody when ex is not doing good things.  (Read 580 times)
somuchlove
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« on: July 10, 2015, 09:39:44 PM »

My BPD daughter who is doing well, has her life going pretty well, has her kids all the time, because her ex. really has never wanted them but because over 10 yrs ago and going through some crazy times with him, he got decision making rights.  He has been a mess and it has been off and on ok.  Now that he hasn't been able to keep a job with his dad, he has moved and real is a mess.  Getting into pot, dealing and growing in his home.  They live in Colo.  We think he is doing things, even though it is legal for specific things he is doing it illegally.  Our dd is scared that he is high most of the time, doesn't watch the kids well, drives unsafe.  there is much more to all of that.

What i am wondering is can anyone help with suggestions so that she can gain more control.  she really wants to move to another place, where jobs are much better, choices of rent, etc is much better.  he won't move cause he is mooching off of everyone where they are living.  He rarely has the kids, always calling and saying i can't get them.  He pays nothing for them.  Hasn't helped with clothes or anything for over 2 yrs.  She has said she is moving to a better place better opportunities but he says he won't ok the kids going with her and she can just have them on the week ends.  There will be no supervision if she does that.  She has people that have told her that he is usually hanging at pot places or bars even when he says he is at work and can't get the kids.q     She is afraid to just up and move.  I don't think he really wants the responsibility.  One of the children was in the hospital for 4 days an hr away.  rather serious.  he didn't even come to see him.  Lots more

Any suggestions.

Thanks

I can get more specific.
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livednlearned
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« Reply #1 on: July 12, 2015, 03:34:17 PM »

Hi somuchlove,

Do you know what the statutes are in Colorado for moving when there is a custody order in place?

In my state, there are 9 or 10 criteria to justify a move. I will also say that my attorney told me if I just upped and moved, she would represent me in court to explain after the fact. Sometimes, depending on the history, it can make sense to beg forgiveness rather than ask permission. This is an uneasy thing to do, though, because a judge can always rule unfavorably, and your D would have to move.

If the ex is doing something illegal, he is not likely to want to go to court and make a big deal about custody.

In general, no matter what, it's a good idea to document everything. Like father not visiting his son in the hospital, the number of times he does not visit during his custodial schedule, or any instances where he blocks decision-making.

How is your D doing? Does she have anyone else in her life right now?



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somuchlove
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« Reply #2 on: July 12, 2015, 06:55:08 PM »

Thanks for responding.  No I don't know what the statutes is in Colo for moving.  Her justification to move would be to find better job.   It is impossible to support herself and kids there.  She has to drive over a mt. ( bad weather is not easy).  Ex doesn't understand that as he pretty much doesn't work much, doesn't have the responsibility to get the kids to and from school or anything.  He just tells her if she moves she can only have the kids on Sat. and Sun.  She won't do that and we do not want her to as he would just leave the boys home alone or with someone else.  He doesn't care about them but just wants to have the control. 

she has a really close friend, I think.  NOt sure what their relationship is.
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livednlearned
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« Reply #3 on: July 13, 2015, 07:44:48 AM »

It might be worth consulting with an attorney to get a sense of how the court might rule, in the event your D wanted to file.

Excerpt
In September, 2001, the Colorado statutes established a new procedure and standard for review of cases in which the parent with whom the child resides a majority of the time seeks to relocate or move to a residence substantially changing the geographic ties between the child and the other parent.

The New Colorado Custody and Visitation Relocation Procedure

The new Colorado child custody and visitation relocation law requires a parent seeking to relocate with the parties' child, to provide written notice to the other parent, of

*the requesting parent's intent to relocate;

*the location of the proposed new home;

*the reasons for the requested relocation and move; and

* a proposed and revised new parenting time schedule and plan.

The New Colorado Custody and Visitation Relocation Standard

The new Colorado child custody and visitation relocation law further requires the Court considering such a request, to determine whether relocation “is in the best interests of the child,” considering all relevant circumstances, including ordinary custody-visitation-parenting time factors, and additionally nine special concerns:

*the reasons why the parent wishes to relocate with the child;

*the reasons why the other parent objects to the proposed move;

*the history and quality of each parent's relationship with the child since earlier court orders;

*the educational opportunities for the child in the present home community and/or in the proposed new community;

*whether there is extended family in the present home community and/or in the proposed new community;

*the benefits of the child remaining with the parent with whom the child presently resides a majority of the time;

*the anticipated impact of the move on the child;

*whether meaningful parenting time-visitation can be afforded the other parent if the move or relocation is granted; and

*any other factors relevant in considering the best interests of the child.

The law contemplates that moving within Colorado may also materially disrupt present parenting plans and timesharing arrangements.  The new Colorado parenting law applies to any intended relocation that “substantially changes geographic ties.”

One thing to be cautious about is getting triangulated into this -- you want the best for your D and for the grandchildren. How can you support what your D wants without doing it for her? It's tough.  
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ForeverDad
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« Reply #4 on: July 13, 2015, 09:02:32 AM »

He just tells her if she moves she can only have the kids on Sat. and Sun.

This is not entirely accurate, surely a lot of his bluster is his sense of Entitlement and Control.  I don't think he can unilaterally change a parenting schedule.  If he has Decision Making, does that mean he is also Residential Parent?  It's possible that he may be able to insist the children not change schools - if he resides in their school district.  Both DM & RP ought to be assigned to her due to the actual parenting percentages but it will take a court to make changes to reflect the current reality.

In general, no matter what, it's a good idea to document everything. Like father not visiting his son in the hospital, the number of times he does not visit during his custodial schedule, or any instances where he blocks decision-making.

Yes, documentation is crucial.  When courts hear phrases such as "he always... ." or "she always... ." they're likely to view it as non-specific "he-said, she-said" and hence not very actionable.  But with the specifics and supporting documentation it can become actionable.  Be aware that incidents older than about 6 months or so can be considered "stale" and ignored except at part of a pattern.

Also, the courts pay more attention to the parenting behaviors (his behaviors with the children or that would affect the children) than the adult behaviors (his actions with you and others).  In other words, he could be a poor example of humanity but the court will focus on how it impacts his parenting or parental contact.

What is the current written parenting schedule?  Is it equal parenting time or does one of the parents have majority time - on paper?

It sounds like a time for seeking more parental authority, often begun by filing for Change of Circumstances based in his minimal parental involvement,  Lack of child support may also be a factor but if he's not currently ordered to pay or reimburse then any change would just be going forward.

A big factor in D's favor is that he is unwilling to share, though it may be hard to prove that with just a simple claim.  I recall when I had my Custody Evaluation in 2007 the CE, a child psychologist who was well respected by the court, was very perceptive and wrote "Mother cannot share 'her' child but Father can... .Mother should immediately lose her temporary custody... .If parents attempt Shared Parenting but if it fails then Father should get custody."  Yes, court just proceeded to the next step in my divorce process, but it set the pattern for what came later, I went from "on the outside looking in" to a parent who should be involved.

If your D already has official majority time then she can file seeking Decision Making and support it with his documented minimal involvement and even obstruction.

Generally there are no quick fixes but if D gets documentation of his behaviors that he may not want exposed in court then he may prefer to stay in the background and let the changes happen.  But the full Decision Making does need to change or else this problem will come up again in the years to come.  That's where well thought out boundaries come in.  Figure out what firm boundaries are needed henceforth, how to get them and how to defend them long term.
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livednlearned
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« Reply #5 on: July 13, 2015, 01:09:40 PM »

Just wanted to add that if D had issues 10 years ago, courts do not hold parents to behavior that took place that long ago. If she is in a better place, and the ex H is going downhill, and there is documentation to demonstrate that, then she stands a good chance to get permission to move. The "best interests of the child" change in statute would make her situation tougher if the ex was an upstanding father. He is not -- especially the illegal activities part.

You'll have to check how things work in Colorado, but I think there is some kind of evidentiary rule that courts don't hold parents to behaviors that are older than 6 months. That means your D's ex cannot dredge up past behaviors she wants to put behind her.
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ForeverDad
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« Reply #6 on: July 13, 2015, 01:24:35 PM »

She should want to resolve all the important issues in court so that an updated order is written reflecting (1) the current parenting schedule and (2) that she should have Decision Making due to the various factors about her, him, her majority parenting and his minimal parenting.  Otherwise, the next time she tries to stand up for herself she'll face his obstruction again.  A court may not want to go so far as to call it obstruction, but it will probably agree he is not cooperating and that changes to the order are needed.

Don't you think it would be good to encourage her to browse her and even join?  While you can relay posts of our own past experiences, current ideas and potential strategies for the future, it's best if she can be part of the peer support experience too.  There's a lot to learn here and share here.
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