QUESTION
What can I do if my wife is now requesting for half custody of our children?
Asked on Dec 18th, 2013 on Child Custody - Kansas
More details to this question:
Our divorce was final 11/06/2013. It was an uncontested divorce where I kept the house and 100% equity of the house. We have two children. I have sole custody and she has visitation only. She is now filing a petition to get half custody. Since our separation, she has been evicted from her apartment and is now filing for bankruptcy. She is self employed and works at a bar at night. She now rents a room from a friend of hers who has a house. The first day my boys were there, one of the other roommates' dogs bite my 2 year old in the face. Does she have any chance of getting 50% custody of our children?
9 ANSWERS
She will have to provide safe living conditions for the children. Her poverty would not keep her from getting custody, however.
Answered on Dec 23rd, 2013 at 4:20 AM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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From your facts I would say she has very little chance of achieving what she is requesting but whenever Child Custody is involved it is best to have an attorney assist you.
Answered on Dec 23rd, 2013 at 4:20 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First of all, you do not have custody and she is not asking for "half custody." You have the majority of residential time. Since the divorce (and presumably the parenting plan) were just entered less than two months ago, I don't see that she would have a basis for a modification unless there was something fraudulent in putting together the current parenting plan. To get a major modification of a plan, she would have to show a major change of circumstance in your household or with the child. Without that, there can be no major modification. You don't say when the dog bite happened, but if it happened after the current parenting plan was in place, a judge would have to take that into consideration.
Answered on Dec 23rd, 2013 at 4:19 AM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Based upon the information provided, I would find it hard to believe she would be able to get shared (50/50) custody under the circumstances. You certainly need to document the fact that your child was bitten by the dog, and hopefully you have an experienced custody lawyer to help you at trial.
Answered on Dec 23rd, 2013 at 4:19 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It doesn't sound like it. She doesn't really have a place for them to stay does she? I think you need to prove to the court that you are still best able to take care of the kids full time
Answered on Dec 19th, 2013 at 11:04 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would be very doubtful if there was a custody agreement in the entered divorce judgment.
Answered on Dec 19th, 2013 at 10:20 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I don't believe anyone can say there is no chance. However, given the circumstances you describe I would say the chance is only very very slim. The first burden would be to show a chance in circumstances in less than 2 months. The fact that she has lost her home and filing for bankruptcy would not, in my opinion, qualify as legitimate changes in circumstances.
Answered on Dec 19th, 2013 at 10:19 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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None. In WI during the first two years after a final order, a party would have to show that the current arrangements harm the children. After that period it needs to be a substantial change in circumstances, though there is a presumption that the status quo continues.
Answered on Dec 19th, 2013 at 9:48 AM
Child Support Attorney serving Overland Park, KS
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Rosenak Family Law, LLC
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50% custody is a special circumstance in Kansas. It requires a lot of cooperation between parents. The facts you describe indicate her schedule and home environment is not good for the kids. Does she pay child support? Further, she just agreed in November on the current situation. She has to show a significant change in circumstances instead of just changing her mind.
Answered on Dec 19th, 2013 at 9:48 AM