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Jack R.
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im currently trying to modify a custody order in ca. the reason

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im currently trying to modify a custody order in ca. the reason is the mother has violated the order and ive had to call the police for help to enforce it which they did. it's continuing to happen. ive made a mediation appt but i know its going to end up in front of the judge. my 10 yr old daughter 2 yrs ago had 32 absences from school and last year 23 tardies even though she lives around the corner from school. ide like to get sole custody of her based on that. i currently have 40% custody of my 3 girl and would like to get more custody of my 4 and 5 year old. i have a more stable enviroment for my girls. my kids are packed in a 3 bdrm with their mom and her boyfriend and grandparents. the mother doest work and has contined to harrass me and my wife i guess because she has a lot of time on her hands. any advice or suggestions would be appreciated.
Submitted: 4 years ago.
Category: Family Law
Expert:  Jack R. replied 4 years ago.

You will first and foremost need to articulate why sole custody is in the children's best interest. You have a good basis 1) Housing and sleeping arrangement although you note courts will find any room acceptable, and the multiple children in one room is also acceptable. You will need to show that there is not enough rooms in the home.

 

2) School, this is a fundamental requirement that children get educated and get to school on time. If you can show the children are being short changed by being tardy, grades are below average, this may make an impact on the judge.

 

3) failure to adhere to visitation schedules is also a key point. courts want children to have access to both parents. the fact you have needed the police, and potentially court assistance in enforcing the court order also is in your favor.

 

4) It may be worthwhile to get a Guardian ad Litem(GAL) to represent the children. The court will listen to the GAL's recommendation which should include what the children want to have happen.

 

 

 

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

 

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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Jack R.
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OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law