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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31232
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My ex-husband and I reconciled and moved back in together

Customer Question

My ex-husband and I reconciled and moved back in together for 4 years. We have 3 children. We are now splitting up again and I am moving out. I am the custodial parent as listed on the divorce decree but now he wants the children to stay with him. My 14 year old daughter is giving me a very hard time and wants to stay with him. He is very wealthy, has a beautiful home. However, his job is very demanding and he travels all the time. He will be gone for weeks at a time - only coming home late at night. When he does come home he is visibly intoxicated. He has left narcotics around the house, and has driven my daughter drunk in the past. I am very worried about her living with him since he does not have any rules. On the weekends he brings his daughter (from a woman he had an affair with) to stay. I have welcomed this child into our home and have treated her like my own. Now he wants to take me back to court and get all three of the children to stay with him most of the time since he states he can hire nannies and babysitters around the clock. I work from home and take care of everything for my children, from school work to washing clothes. I do have bipolar disorder, but very mild and I am under a Dr's care, but have NEVER had a problem with it, my Dr. does not feel that I truly have it - he feels that my issues are staying with a mentally abusive person and I can no longer stay in the home. Can my 14 year old stay with him? Help! Cuyahoga, Ohio
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If you are listed as the custodial parent in the latest/governing court order, then the child would be required to live with you UNLESS you agreed to a different arrangement OR UNLESS the father files for a modification of the custody order and it is granted by the judge.

Expert:  Roger replied 1 year ago.

Generally, a court will only grant a modification if there's been a material change in circumstances that justifies a modification. Also, the court will always do what is in the best interest of the child...so if the father is absent for weeks at a time and has substance/alcohol abuse issues, it is not likely that the judge would find him fit to have custody....and to take custody away from you.

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