How can I regain custody after false allegations? Posted on January 16, 2011

18 months ago I took my daughter to the ER for a problem. In the end CPS was notified and my daughter was placed in my ex's custody. Since this started I have appealed and won my administrative hearing against CPS. I am now in a position that I can petition the court to modify custody. His ex is insisting that we "ease" into 50-50 custody (as this is what we both want) Before he spoke with his attorney we both agreed we would have 50-50 custody, after he spoke with his attorney he wants to ease into this over the next 3 months.

He is stating the sudden switch in custody would be traumatizing for our daughter. My argument is I am her mother and she clearly is happy and comfortable when visiting with me why should I wait or our daughter wait another 3 months? My question is do I agree with this 3 month ease? Or do I petition the court to modify custody and try to regain 50-50 custody now? His defense as well is that I won my appeal because CPS failed to be prepared and I won by default but CPS did not appeal and it is beyond the time that they can ask for an appeal.

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