QUESTION
What actions should I take if my ex-wife is threatening to modify custody?
Asked on Feb 19th, 2013 on Child Custody - Arizona
More details to this question:
My ex-wife left me for another man (before we were divorced). I did not contest the divorce. We have joint custody of our 3 children, and no child support from either party. She is recently pregnant with the other man’s baby and is now threatening to take me to court for full custody of our children. What options and rights do I have as the father, and what actions should I take to keep this from happening.
11 ANSWERS
You have the same rights and options as the mother. I know you said you have joint custody, but do you share the parenting time jointly as well, or does the children reside with one parent more often than the other? If this is the case, you still have joint custody and one parent has residential custody. If she is seeking "full" custody, she is either seeking sole custody or residential custody (if not established), but my question would be..on what grounds.
Answered on Feb 21st, 2013 at 10:47 PM
Family Law Attorney serving Santa Ana, CA
at
Law Office of Rhonda Ellifritz
Update Your Profile
File your own motion for custody and visitation. Don't wait for her to do it.
Answered on Feb 21st, 2013 at 4:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Make sure you exercise your parenting time, speak with an attorney. Her present pregnancy does not change the circumstances such that custody or your mutual children should be at issue.
Answered on Feb 21st, 2013 at 4:51 AM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
You should consult with an attorney to have proper representation during this court proceeding. A hearing will be conducted to determine what is in the best interest of the children.
Answered on Feb 21st, 2013 at 2:05 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
See an attorney. The courts want to keep the status quo, so unless you've done something "wrong" or you use drugs/abuse alcohol, etc. or have not taken care of the kids, she probably won't get full custody.
Answered on Feb 21st, 2013 at 1:48 AM
Insurance Attorney serving Seattle, WA
at
James Thomas Saulbury
Update Your Profile
If you are the good father that you say you are and you regularly exercise your visitation with your children, shouldn't have a problem. The burden will be on your ex-wife to modify the parenting plan. Your ex will have the burden so showing to the court that there is "adequate cause" to modify the current parenting plan. The court will use look to the "best interests of the child" when determining a parenting plans.
Answered on Feb 21st, 2013 at 12:57 AM
Where joint custody already exists, and in OK it is the stated policy absent sound reason to not adhere to the policy, there needs to be a basis to modify custody agreements. A birth of a child with another party, without more, would not seem to be a compelling reason to modify the existing joint custody. This doesn't mean she could not try to do so. If she seems reasonably committed to taking that course of action, there is no reason you can not begin to prepare for your own side of maintaining the existing custody ruling of the court.
Answered on Feb 21st, 2013 at 12:41 AM
John Arthur Smitten
You cannot prevent her from filing court documents. If she actually files something then worry about it, until that time do not.
Answered on Feb 21st, 2013 at 12:15 AM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
The visitation schedule is decided in the best interest of the children. Your rights really aren't the concern of the Judge, either are the mother's new wishes. What matters is that you both act with the best interest of the children first and foremost in your decision making. The mother must show that a change of circumstances has occurred which makes it more beneficial for the children to spend more time in her care. I'm not sure what that change is, but the Judge needs to determine first if there is a change of circumstances, then if there is, what schedule would be most beneficial to the children. For instance, if their mother is now going to be home all day and available without the need for daycare, that is a consideration, but then again, if the schedule is working and the children are used to it as it is, continuity is also very important to consider.
Answered on Feb 21st, 2013 at 12:07 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You can't keep it from happening. What you can do is make sure that you have all your ducks in a row in caring for the children, i.e. don't beat them, don't do drugs, don't have dangerous people around them, etc. She can ask, but she will have to prove that there has been a significant and material change in circumstances that requires a modification that is in the best interests of the children. As long as you are treating them right, she will have a hard time proving that.
Answered on Feb 21st, 2013 at 12:06 AM
There is nothing you need to do other than continue to comply with your existing orders and remain a cooperative co-parent. If she wants to try to modify the orders, it will be her burden to prove that this would be in your children's best interests. Until she takes steps in that direction, there's nothing you can/should do ahead of time.
Answered on Feb 21st, 2013 at 12:01 AM