Recently it has come out that my Ex-Wife's live in boyfriend has been molesting our 9 year old daughter for almost 8 months. He is in jail now and there is a protection order in place for if/when he makes bond. My ex-wife is the Primary Parent and I am the Secondary Parent, but I want to take her back to get custody of both our children. Do I have a chance?
Maybe. All you can do is go to court and explain that she doesn't have very good supervisory skills. You know, unfortunately, you may find out that she participated to some extent. That would be the clincher.
Yes, you have a chance depending on how negligent she was to have not known this. But you need to act quickly. You should have filed as soon as you learned this information.
I'm really sorry for the circumstances you and your children are dealing with. The question the judge will ask is if the change in custody is in the best interest of your children and if the change is circumstances is substantial enough to justify the change you're requesting. I'd say, given that your child was abused for almost a year while living under your ex-wife's roof, that you've probably got a pretty strong case. Good luck.
Such occurrences sure as hell a change in circumstances, I would discuss the situation with an attorney. If there is anyway you can show that she knew or should've known that this was occurring I would think that your chances of gaining custody of your children would be very high.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.