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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28052
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have a question regarding child custody and modifications,

Customer Question

I have a question regarding child custody and modifications
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Oregon
JA: Has anything been filed or reported?
Customer: I have sole custody and my ex husband has filed a modification formsole custody
JA: Anything else you want the lawyer to know before I connect you?
Customer: How much detail would you like there's a lot of underlying issues
Submitted: 5 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 5 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 5 months ago.

Good morning. What is the reason for which your Ex now wants sole custody? Is he trying to avoid having to pay child support? How long have you had sole custody for?

Customer: replied 5 months ago.
Since July of 2017- he is significantly behind inchild and spousal support ($15,000)- is trying based on stability issues- I moved away from Oregon for a few months and then back a few months ago, we have been staying with a friend for the past few months while we waited for a place to become available that was affordable-
Customer: replied 5 months ago.
He has a history of violence and domestic violence and shows signs of sever NPD
Expert:  FamilyAnswer replied 5 months ago.

Thank you and please allow me a moment.

Expert:  FamilyAnswer replied 5 months ago.

There will need to be a legal basis, for the court to modify custody and take sole custody away from you and give it to him. After all, you were previously awarded it, so he would need to show a substantial change in circumstances and that it is in the best interest of the child, for this to happen. If he can not, his attempt will fail. Moreover, if he is in arrears, he may be doing this to avoid having to pay child support, thinking if he has sole custody, his obligation to pay will terminate. Now, if he is in arrears for both support payments, you can go after him and seek to hold him in contempt and enforce the orders and go after his license, pay checks and even seek jail, to compel him to pay.

Customer: replied 5 months ago.
what grounds does he have as far as stability? What does he have to prove? The judge approved his request- I was served almost a week ago... and I was awarded custody but he didn't show up for any of our court dates for a 5 month period so I did win by default however I'm sure it would have been awarded to me anyways considering our history and his behavior. He claims I lied on thenoaperwork which I did not and the judge checked into it all... I guess I'm just scared and I don't want her to be drug thru his crazy attempt to get at me and I know how well he lies and manipulates- I've seen his handy work- I don't know how to explain it-
Expert:  FamilyAnswer replied 5 months ago.
He needs to show it is in the best interest of the child that he be awarded sole custody. A court will set a motion for hearing as the arguments of the parties need to be heard. The judge still has to decide and rule based upon the evidence presented and the burden will be on him to show this. Stability starts with a shelter, schooling and the ability to care for the child and meet their needs and to create a positive environment.
Expert:  FamilyAnswer replied 5 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 5 months ago.
Well yes I understand all of that- with his historyits highly unlikely provided I do have a stable environment for her yeah? On paper it just looks like he's tying to get out of child support and payments and claim her on taxes... he has lent even honored ANY of the judgment that was set in July- and has damaged my families vehicles and tells me he's going to make sure she hates us but more specifically me- he's using her as a pawn and do I have grounds to put him back in supervised visistation
Expert:  FamilyAnswer replied 5 months ago.

Yes, that is what you want to address, to really show his motive and intent. That this is for financial gain and not for the child or their best interest and he is simply trying to avoid and get out of his financial obligations.

Expert:  FamilyAnswer replied 5 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!