QUESTION
Can I go back to court and ask for a full custody of my daughter?
Asked on Oct 09th, 2013 on Child Custody - Utah
More details to this question:
My ex and I have 50/50 custody of my daughter because both of us where working. Now I am a stay home mom with my new baby, my ex doesn't pay child support because I don’t want him too. My husband supports the 3 of us with no problem, but can I go back to court and ask for full custody now that my ex is working and leaves my daughter with my ex mother in law?
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In Wisconsin we have some special terminology. 'Custody' means the authority to make important decisions for the child. 'Placement' refers to the time the child spends with either parent. I think you are considering sole or primary physical placement. If more than two years have passed since the last final court order, you can move for a change by showing a change in circumstances and that the change is in the best interests of the child. I doubt that the mere fact that you are now an at-home mom and the child's father works is enough by itself to justify a substantial change in placement, especially when it is now about equal between the two parents. It would help if you could show some identifiable harm, or markedly better home conditions, to help make your case.
Answered on Oct 09th, 2013 at 5:46 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You can always ask, but the court is not likely to give it to you. The courts prefer joint custody arrangements.
Answered on Oct 09th, 2013 at 5:35 PM
You can always ask for changes to the custody or parent time schedule, but they must be supported by changes in the circumstances of the parties and they must be in the best interests of the child. If you are available to watch the child when your ex is at work, the court will usually allow you to do that before it allows him to use his mother or any other provider. This is called a first right of refusal. I also think you should be enforcing a support obligation on your ex. In some states, child support is less when parents share joint physical custody and divide the time with the child(ren). If that is your situation, your ex might fight a request to change parent time, seeing it as a way to obtain more child support, rather than being concerned over time with the child.
Answered on Oct 09th, 2013 at 5:14 PM