QUESTION
How can I effectively get full time custody of my daughter whom I currently have split custody?
Asked on Nov 19th, 2014 on Child Custody - Massachusetts
More details to this question:
I have a 9 year old girl who has been a Daddy's girl since day 1. When she turned 1 yrs old her Mother and I split up and we fought for custody. The outcome was split custody and over the past years we have successfully abided by that. I pick her up and drop her off to school every day being fully involved with her education. I take her to all her med appts and we do martial arts together. I recently became married and took on my wife's daughter as my very own, not to mention we have a child on the way. As of 3 years ago my daughter has been expressing her wants to be with me more often and she has always been intimidated by her mother's response. It's like she's trying to stop it due to jealousy of our father/daughter relationship. We recently had a disagreement over the fact she feels she's never with our daughter bc she chooses to stay with me more and will go back to the custodial arrangement whether my daughter wants to be with me or not. She'll basically tell her no when she ask
1 ANSWER
A court may modify a custody order only if the person requesting the modification can establish a substantial and material change of circumstance has occurred since the initial order and the modification is the child's best interest. It seems from your inquiry that your daughter was spending more time with you than outlined in the order. If this went on for a long period of time, then that may be a basis for a modification but the ultimate decision will rest with the trial court. If you pursue a modification then requesting the appointment of a guardian ad litem would be appropriate. Many thanks
Answered on Nov 20th, 2014 at 5:07 AM