CHANGE IN CUSTODY

[forumlaw]

If my husband and i have joint custody of our 5 yr primary res with myself. Can I change the order at any time providing I have justified reasons to? I.E. everytime my son goes to dad's place their is always hurtful comments made to him (my son) from his aunt. She claims she is joking with him , this is a 5 year old who cannot interrpret what a joke is at this age, also dad disappears while my son is in his place, my son had to go outside and look for him let alone did not find him starting crying because daddy was in the bathroom not responding to his son's calls. I have a problem with this. Ifeel that my son's safety is being jeopardized and that dad is going about his own business while suppposed to be supervising his son. My son claims that he called for him and he was not answering he lives in a basement of a home so his living quarters are not too large. So what can I do to the effect of my son's safety/supervision, and the fact that he himself does not feel secure in daddys possession? I am documenting everything as I feel I should. I know it can take much more than this but what are the steps?

[Gbyte]

If there is a custody order in place with specific times you cannot change it. If it's by the parties agreement and he doesn't agree to a change...then you can't change it. While it may make perfect sense to you that this is not working....a judge may not agree.

I would suspect you'd have to get an attorney and file for a modification. You may want to see if mediation is an option...? I'm not really sure how that works.

You can certainly try to make a change, but the judge indeed will have to agree.

[forumlaw]

What would be suitable changes?

You cannot make changes at any time. The judge is who makes and changes these orders. If it were in your power to change it any time you felt like it, why bother a judge?

You can document what is going on, but while he is in his father's care, he is in his father's care. You are not merely allowing his father to babysit him while you have all of the say so. So tread carefully if you are considering disallowing the child to have his time with his father. You could be faced with a contempt charge for non-compliance.

Yours is not a unique situation. This type of foolishness is going on in every other household all across America.

[Nikole Lilian]

What happens if I fail to reply to the financial part of a motion to change custody.?

Cheating Spouse Investigator

You can't change anything without both parties agreement or the order of the court if the other parent does not agree.

If you fail to reply to any motions they will typically be ruled on by default (meaning you don't show other party gets what they want).