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I am divorced with an 8 year old son I share custody with my…

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I am divorced with...

I am divorced with an 8 year old son I share custody with my ex-wife. She continually uses him as a pawn in her disdain of me for example we all attended a party the other night and she deliberately kept him away from me and left early without allowing him to speak to me or say goodnight. She talks badly about me in front of him and in front of her friends. Regardless of what exists between my ex and I, I feel that her dragging our child into it is grounds for asking for a new custody order. What would be my chances of obtaining 100% physical custody in this instance? Legal custody could remain 50-50 and visitation can be the same, but I would like to have him live with me and my wife full-time. Thanks.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Yes at the last court hearing my attorney admonished her for using our son to get in the middle of our business. She was also advised by the divorce mediator to stop exposing him to conflict which she hasn't done.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it. Thanks.

Submitted: 6 months ago.Category: Family Law
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Answered in 3 minutes by:
1/2/2018
Family Lawyer: Nisha Jones,
 replied 6 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,487
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 6 months ago

I'm sorry to hear about your situation.

Yes, this is definitely something that could result in a modification of the custody agreement. Especially if your ex-wife has been warned and admonished previously about this type of behavior.

It's definitely not healthy for your son, and the court is interested in what's in the best interest of your child.

I can't guarantee whether full custody would be granted of course, but it is definitely grounds enough for petitioning the court, and seeing what the judge decides.

It sounds as though you already have a lawyer that's assisted you in your case so that's good, I would speak with him as soon as possible.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Family Lawyer: Nisha Jones,
 replied 6 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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