Question: “SO HIS PARENTAL RESPONSIBILITIES CAN'T BE CALLED INTO QUESTION? HE HAS FAILED TO MAINTAIN THE MEDICAL INSURANCE AND FAILED TO GET MY DAUGHTER VACCINED FOR HEPATITIS B. I HAVE TAKEN COMPLETE CARE OF MY DAUGHTERS NEEDS-TWO DAYS FROM NOW I'M TAKING HER TO THE DENTIST FOR A CHECK UP. MY DAUGHTER GETS SICK EVERYTIME DUE TO HER FATHER. YOUR TELLING ME THERE'S NOTHING THAT CAN BE DONE?”
Answer: Well no, that’s not exactly what I wrote. I wrote that a court cannot amend a custody order unless there has been (1) a substantial and material change of circumstances, and (2) the welfare of the child will be promoted by the change in custody. I also wrote that the skipped meeting and the tight clothes probably doesn’t meet that standard.
However, now you’re throwing out other problems such as a failure to maintain medical insurance, a failure to get your daughter vaccinated, and continuous illnesses (due to neglect?). All of those issues combined, and if there are others, may rise to the level of a substantial change in circumstances that warrants a change in custody. It’s still a difficult burden to meet, but the more incidents there are, the more likely the burden can be met. Based on the additional incidents, you may want to file a motion to change custody … however, be prepared to prove your accusations. If it looks like you’re squabbling over minor things rather than bringing a serious issue to the judge, it’s possible that he’ll not only rule against you, but that he’ll order you to pay your ex’s attorney’s fees.
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