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my ex is threatening to overthrow the divorce and seek custody

Customer Question
of the children. the original...
my ex is threatening to overthrow the divorce and seek custody of the children. the original divorce said he couldn't see the children until he got clean and seeked counseling then file for visitation. I am now remarried and so is he. Does he have a chance at doing this?
Submitted: 7 years ago.Category: Family Law
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Answered in 4 minutes by:
2/1/2010
Family Lawyer: WALLSTREETESQ, Lawyer replied 7 years ago
WALLSTREETESQ
Category: Family Law
Satisfied Customers: 17,253
Experience: 10 years experience, AFL-CIO UNION PLUS, UFT LAWYER FOR FAMILY, IMMIGRATION AND CRIMINAL LAW
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he can file for a modification of custody, but the burden of proof he would have to overcome, would make it impossible, he would have to show a "significant change in circumstances" since the previous order, meaning you either have become a drug addict or an unfit parent. If the children are over 14, their choice would be a factor, but aside that he cannot win

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Customer reply replied 7 years ago

so he can't toss a divorce settlement. he claims the residing judge was his uncle that hates him

Family Lawyer: WALLSTREETESQ, Lawyer replied 7 years ago
no.
WALLSTREETESQ
Category: Family Law
Satisfied Customers: 17,253
Experience: 10 years experience, AFL-CIO UNION PLUS, UFT LAWYER FOR FAMILY, IMMIGRATION AND CRIMINAL LAW
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Customer reply replied 7 years ago

What a relief.

 

Thank you very much for you help.

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Category: Family Law
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