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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26394
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My x boyfriend is now taking me to court for joint custody

Customer Question

My x boyfriend is now taking me to court for joint custody of our 15 year old and 17 year old, after 13 years of separation. What should I do and or expect to prepare myself? I have had full custody this whole time.
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

In order to seek a modification of the custody order, there must be some material change of circumstance that warrants a change. This can be a remarriage, a move, a financial problem, alcohol or drug problem, etc.

 

If there has been no material change in circumstances, there should be no modification of custody.

 

As far as what to do, you or your attorney should file a response asking the court to deny the request based on the fact that there have been no material changes in circumstances that would warrant a modification.

 

When you go to court, your claim should be the same.

 

Please let me know if you have any additional questions.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26394
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
The only thing that has changed is both girls are pregnant. Is that included?
Expert:  Roger replied 2 years ago.

If the children have become pregnant, that is likely a material change.

 

In that case, the judge would have to determine whether or not a change in custody is in the child's best interest.

 

In that case, the judge will have to determine whether or not the children are better off with you or make a move. This will largely depend on the opinions of the children and also will depend on the best home environment they can be placed in.

Customer: replied 2 years ago.
Are my girls old enough to speak on their behalf? 15 and 17 years old?
Expert:  Roger replied 2 years ago.
A minor child cannot choose who to live with, but they can tell the court what they would prefer. However, this is not outcome-determinative as the judge could decide to honor or refuse their wishes.
Customer: replied 2 years ago.
My 15 year old is pregnant, and asked me to become the legal guardian for the baby until she graduates and gets on her feet. What steps are involved and where do I go for this type of information?
Expert:  Roger replied 2 years ago.

Here's a good link that provides step by step information on what to do: http://www.kinship.msu.edu/Guardianship_Feb4.pdf

 

You can file a petition for guardianship with the county probate court and get this done.

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