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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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After going through a bitter divorce and custody battle in

Customer Question

After going through a bitter divorce and custody battle in Nevada the court gave custody to fathers parents (step son of ex said I commited domestic violence against his father...not true). I moved away to Ohio to get away from his abuse. Grandfather died. I have remarried, have lived in the same house for 4 years and worked at the same job now for 4 and a half years. I only get to see my 12 year old son 2 weeks in summer every other xmas and on odd years i get Easter and Thanksgiving. My son wants to live with me. I have filed for extended visitation in June and now grandma wants child advocate (friend of family) involved. I want to file for change of custody. Father still lives in Nevada but has not held a steady job in past 5 years nor does he have a permanent residence. Do I have a strong enough reason to take her back to court to regain custody? When I was married to my sons father there was a lot of domestic violence where he had to be arrested. The only reason I did not get custody was because the court said that they could not decide who was the perpetrator of the domestic disputes. HELP
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Have you been faithfully paying support and visiting your son each time it was your turn to see him?
Customer: replied 6 years ago.
there was no child support order issued...fathers work is sporadic at best and ex mother in law has not asked me for child support because she would then have to ask her son to pay child support which he cannot due.father was court ordered to pay health insurance and he never has so grandma put my son on her school insurance (she is a retired school teacher)and I also provide health insurance for my son through my job. as for visitation....the first summer he was supposed to come here he was to afraid to get on airplane by himself. the last Easter vacation when he was supposed to come his grandmother told me that he did not have a full week for vacation but only a few days and when he comes to visit he is the air for 2 days which would have been to hard on him to readjust to time difference so Grandma took him out of school early for 3 days and took him on cruise for week. i did go to Elko for my sons birthday last year but Grandma tried to thwart my efforts then. I had to reschedule airline reservation twice at my cost. Grandma allowed her her son to reside in same household with my son from Sept of last year through the end of January this year...I can only imagine what my son went through. His father is an alcoholic. I hope this answers your question. I have filed a petition in court for extended vistation for 8 weeks in summer and every Christmas. His father does not exercise every other weekend or his 2 weeks in summer
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your patience and your follow-up.

I do not envy your situation. Since you have not had the child for 5 years, the courts will be much more likely (and certain, really, unless new facts come to light), which would keep the custody with the grandmother. I do suggest that the extension of your time with the child (the petition for the 8 weeks over the 2 weeks) should be granted especially if you have been maintaining your obligations (the medical insurance is a good point to show the judge that you are being responsibly involved in the child's life). However going for full custody beyond it right now is not something I see the courts permit. consider attempting to uphold the new 8 week schedule for a year or 2, and then, when it is time to attend 1st grade, attempt to seek custody. Right now the courts would not deem you with having enough of a relationship with the child to be someone they would grant custody to.

I am sorry.

Edited by Dimitry Alexander Kaplun on 10/2/2010 at 2:49 AM EST
Customer: replied 6 years ago.
Dimitry,,,,my son is not going into 1st grade, he is 12 years old and he is in the 6th grade. He wants to live with me and not with his Grandmother. He has told her this. I feel it is very important at this point in his life to have a mother-step father role model to for his well being. When all this statrted he was in the first grade and living with me. It was during the 1st grade when this all began and the court gave temporary custody to Grandma and in the middle of divorce case she filed for permanent custody and the which took a couple of years and due to the time spent with Grandma the court felt that my sons relationship with his Grandmother produced a bond that allowed him to stay with her. I felt that due to the court dragging this case out for so long is the reason this bond ever happened to begin with. Do you still feel the same way about your answer?
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

My apologies on getting the age wrong. Being older, there is more of a chance the judge may wish to interview him and get his opinion, but ultimately it will not granted a lot of legal weight. The courts will still deem the petition on what they consider to be "in the best interest" of the children. Therefore I still maintain my original opinion that I provided to you in my first answer.

Good luck.

Edited by Dimitry Alexander Kaplun on 10/2/2010 at 7:39 PM EST
Customer: replied 6 years ago.
it has been 3 years and the case should be up for review and there have been significant changes in my life that I thought should carry some weight in asking for change of custody. the changes are that i have been gainfully employed for the past 5 years, living in the same residence and I have remarried and whne grandmother was awarded custody she had the income of both her and her husband who is now deceased and my sons father has no job and lives in motels. are these not enough reasons to requst a change of custody?
Expert:  Dimitry K., Esq. replied 6 years ago.
By itself there has been changes, yes. However you have not spent nowhere near enough time with the child that the courts will consider you fit enough to simply take over custody. Please understand that I am providing you information not to hurt you, but as how the courts would review it. Before you can request a change of custody, you must show that you can care for thing on a long-term basis--having them grant an expanded role is possible, but a full change is extremely unlikely.

Good luck.

Edited by Dimitry Alexander Kaplun on 10/2/2010 at 9:29 PM EST