How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
18539850
Type Your Family Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I am divorced and have joint custody with primary residence

This answer was rated:

I am divorced and have joint custody with primary residence set at our married home which he has. i have met someone and i am engaged and my fiance suggested i become a stay at home mom, could that be grounds for me to be granted full custody of my daughter?

You could certainly try to request a change in the custodial situation. However, based on the facts as you have provided them thus far, my speculation is that you do not have enough here to prevail.

 

As a general rule, to change a custodial arrangement, the moving party needs to demonstrate some substantial change in the situation. A substantial change could be that one party has been convicted of child abuse or been sent to prison for a long period of time, for example.

 

The change you have mentioned, becoming a stay at home mother, is not terribly significant. As such, my opinion is that, in and of itself, this is not a significant enough change to request a modification of the custodial arrangement.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 5 years ago.
what if i am pregnant ? thats why i am becoming a stay at home mom. i would like my daughter to grow up with her new sibling. or does the court not see it that way?

No, the fact that you have become pregnant and desire to be a stay at home mom will not be likely to persuade the judge to change the custodial arrangement. This factors are obviously beyond the control of the father and not likely to be terribly compelling with the court.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph and other Family Law Specialists are ready to help you

Related Family Law Questions