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BM signed over custody of child to me in notarized agreement in 2006 when he was with me fulltime. apx a yr later she wanted to get involved but was not taking child on agreed times, when i filed to only put our agreement in writing she ambushed my wife who was watching my son outside my house, took the child and kept him saying she was fighting for full custody. At time i did not have my drivers license and my wife was taking care of dr's etc and was watching my son and the judge wanted to give my sons mom a chance. He was with me majority time still. Since then her husband has been arrested for DV, he has been physically abusive towards my son, his mom, and has put his hands on me. I have filed multiple emergency hearings and a social worker said that she believed i was coaching my son to say things(not true at all, this is why he is ordered to see a therapist). The last CFI wanted a schedule that rotates 4 days there, 3 days here, every 4th week 4 days here. Also wanted her and i to do both individual conseling & family counseling, parenting coordinator(all which i have to pay for). She lives in another town so it is not possible for me to take him to school in his town from my house so we decided that for my 3 days it would be on the weekend. put in there child support, taxes, and that he will continue in therapy and had it notarized and i expressed my concern to her.We turned in our agreement before the court date at which the judge granted it & told her she was giving her a chance and not to mess it up and i honestly hoped that this wouldnt happen. Dont really want to be fighting with her again but this is just not ok!
And thank you!
Please understand that no attorney can guarantee you what is "enough" to get custody changed. However, we can provide some guidance as to what might be sufficient. As to that...
I would suggest that you have enough here to warrant a change in the custodial arrangement. As you may know, a change in the custodial arrangement is typically based on a substantial change in circumstances. Here you have some serious issues with the mother. The mother has failed or refused to facilitate the child's therapy. The mother has demonstrated that she is unable or unwilling to help the child with school. Perhaps most disturbing, there is evidence that she is using illegal drugs.
I would suggest that this evidence is sufficient to get a judge to change the custodial arrangement.
Please let me know if anything requires clarification.
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