Can I get sole custody or more than just weekends if my sons mothers living situation is unstable? 7 Answers as of December 04, 2013

I have a twelve year old son who's mother I’m not married to or was ever. We went to court when my son was three and joint custody was decided. Soon after she moved out of the county and the law guardian doesn't have jurisdiction, I was never assigned another one. In this time period she has changed residences at least 6 times, had another child with somebody else whom she is no longer with, as well as had many boyfriends. In our court ordered custody agreement I’m to have my child every other weekend and share holidays, provide transportation to pick him up 40 miles away and drop him off. She basically decides which weekends I can see him which ever makes it convenient to her, which is not legal. But worst of all she was recently evicted from their previous home and is now jumping around living or staying with friends in overcrowded smaller homes. She is lying to my son's school saying that they are living in the district and they are not. My son even claims she is not doing a good job as a parent, and he is so sick of moving so many times and having to meet new friends and change schools repeatedly. I on the other hand is married for one year now to the same woman I have been with four eight years, living in the same house for the same amount of time. I am current on my child support, and know my wife and I can provide much better for my son and would like to have him for more than just weekends.

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If the living environment in which your child is found is determined by the judge to be unacceptable, you may be entitled to a change of custody and have a child placed with you. Significant evaluation of this case by an experienced family law attorney is required.
Answer Applies to: California
Replied: 12/4/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
If you can prove these problems in court, then the judge may consider changing the existing orders.
Answer Applies to: New York
Replied: 12/4/2013
Diane l. Berger | Diane L. Berger
The situation you describe would make it more likely than not that you would be awarded custody, particularly if your 12 year old son was willing to tell the Judge that he preferred to live with you. in my opinion it would be worth a try to file the application to modify awarding you sole physical custody subject to her rights of parenting time.
Answer Applies to: Nebraska
Replied: 12/4/2013
Law Office of Joan M. Canavan | Joan Canavan
You will need to file a Complaint for Contempt against your ex -Wife stating that he has not abided by the Court Order concerning parenting time with your son. If you want to change physical custody or your son, you will need to file a Complaint for Modification stating that there is a "material change in circumstances" from when the original order issued to now under which you are seeking more parenting time or physical custody. J
Answer Applies to: Massachusetts
Replied: 12/4/2013
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
File a Petition for Modification of the parenting plan. It sounds like there has been a major change of circumstance in her home, as from what you're saying she is currently homeless. And don't wait.
Answer Applies to: Washington
Replied: 12/4/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    You make a decent argument for modification of custody/visitation. Understand that the test utilized is "change in circumstances" and what is in the "best interest of the child". Understand that "forensic" evaluations may be ordered and as the "monied" parent, you may have to carry the cost. Hiring an attorney who handles custody cases is recommended.
    Answer Applies to: New Jersey
    Replied: 12/4/2013
    Tricia Dwyer, Esq. & Associates PLLC
    Tricia Dwyer, Esq. & Associates PLLC | Tricia Dwyer, Esq.
    Hello. You need to take your concerns to an attorney so she/he can assist you in this. Further details need to be known, and your attorney will want to view the existing court order.
    Answer Applies to: Minnesota
    Replied: 12/4/2013
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