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Question: “MY QUESTION-WHAT DOCUMENTS OR PROOF CAN BE USED TO DEMONSTRATE THAT HE'S FAILING WITH HIS RESPONSIBILITIES? CAN MY 6 YEAR OLD WORDS BE HELPFUL IF DETERMINED UNDER A SPECIALIST?”
Answer: Unfortunately, a court cannot amend a custody order unless there has been (1) a substantial and material change of circumstances, and (2) the welfare of the child will be promoted by the change in custody.
I’m sorry to say that a missed teacher meeting and tight clothes is probably not nearly enough to have custody changed. First, it’s arguable whether your child’s welfare is at stake. The skipped meeting and the clothes, while I can understand your concerns, aren’t likely to be considered major issues. The judge would probably rule that you are free to buy your child larger clothes, and that you’re free to attend a teacher meeting if you feel it’s necessary (assuming you have joint legal custody). In addition, a child’s preferences are not given much weight until he/she is much older than kindergarten age (e.g. 14 years old).
I really wish I had better new for you.
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SO HIS PARENTAL RESPONSIBILITIES CAN'T BE CALLED INTO QUESTION? HE HAS FAILED TO MAINTAIN THE MEDICAL INSURANCE AND FAILED TO GET MY DAUGHTER VACCINED FOR HEPATITIS B. I HAVE TAKEN COMPLETE CARE OF MY DAUGHTERS NEEDS-TWO DAYS FROM NOW I'M TAKING HER TO THE DENTIST FOR A CHECK UP. MY DAUGHTER GETS SICK EVERYTIME DUE TO HER FATHER. YOUR TELLING ME THERE'S NOTHING THAT CAN BE DONE?
Question: “SO HIS PARENTAL RESPONSIBILITIES CAN'T BE CALLED INTO QUESTION? HE HAS FAILED TO MAINTAIN THE MEDICAL INSURANCE AND FAILED TO GET MY DAUGHTER VACCINED FOR HEPATITIS B. I HAVE TAKEN COMPLETE CARE OF MY DAUGHTERS NEEDS-TWO DAYS FROM NOW I'M TAKING HER TO THE DENTIST FOR A CHECK UP. MY DAUGHTER GETS SICK EVERYTIME DUE TO HER FATHER. YOUR TELLING ME THERE'S NOTHING THAT CAN BE DONE?”
Answer: Well no, that’s not exactly what I wrote. I wrote that a court cannot amend a custody order unless there has been (1) a substantial and material change of circumstances, and (2) the welfare of the child will be promoted by the change in custody. I also wrote that the skipped meeting and the tight clothes probably doesn’t meet that standard.
However, now you’re throwing out other problems such as a failure to maintain medical insurance, a failure to get your daughter vaccinated, and continuous illnesses (due to neglect?). All of those issues combined, and if there are others, may rise to the level of a substantial change in circumstances that warrants a change in custody. It’s still a difficult burden to meet, but the more incidents there are, the more likely the burden can be met. Based on the additional incidents, you may want to file a motion to change custody … however, be prepared to prove your accusations. If it looks like you’re squabbling over minor things rather than bringing a serious issue to the judge, it’s possible that he’ll not only rule against you, but that he’ll order you to pay your ex’s attorney’s fees.
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