How do I legally put a child custody plan into place? 15 Answers as of May 17, 2011

Currently, my ex-husband and I share custody of our 7 year old son. However, due to his new girlfriend, we are constantly battling. She has attacked me verbally in numerous text messages and emails. My son has confided in me about her daily drinking of wine and when I confronted them about it, they denied it and then punished my son for talking to me about her in any way. There are so many examples that I have in writing that I could go on and on but my question is, what to do? Our child agreement was never legally put into place so now I would like to go for full custody. Need some advice. Thanks.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
File a Motion to Modify the Parent Child Relationship.
Answer Applies to: Texas
Replied: 5/17/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
You can petition the court for custody and can still give your ex-husband visitation rights. You can call our office to schedule a free consultation to discuss your situation and explore your options.
Answer Applies to: Illinois
Replied: 5/16/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Go back and read your divorce order. I don't see how custody was not addressed, but you got divorced. If it really wasn't, then you need to petition the court for custody. You should get a lawyer to assist you. Stay well.
Answer Applies to: Alabama
Replied: 5/12/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You need to return to court and obtain a better custody and visitation order.
Answer Applies to: California
Replied: 5/12/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You can return to court to ask for a more detailed parenting plan. You will have to file a motion to modify visitation.
Answer Applies to: Connecticut
Replied: 5/12/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    When children are involved, a Colorado divorce case requires that some form of parenting plan be adopted at the time of the divorce. So it isn't clear what you mean about an agreement that was never "legally put in place". But you probably need to either file a motion to modify the existing plan or a motion to establish a parenting plan in the divorce case. You should consult an attorney to determine from an evaluation of the facts how to proceed in seeking what you think is "full custody". Colorado does not use that term, or any form of "custody" and, instead establishes a parenting plan that allocates parental responsibilities, decision-making authority, and parenting time, with a goal of serving the child's best interests through maximum reasonable participation by two parent.
    Answer Applies to: Colorado
    Replied: 5/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    For a court to determine custody and/or parenting time, one of the parents must commence a custody action by serving and filing a Petition for custody. A Court makes initial custody determinations based on what it believes to be in the child's best interests. If the parents were not married and no custody order has entered, the mother is considered the default custodial parent. Accordingly, it may be up to the father to commence an action seeking enforceable rights.
    Answer Applies to: Minnesota
    Replied: 5/12/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    You need to see an attorney about this. In Washington there should have been a parenting plan entered when you were divorced. It is not clear how you avoided that. You probably will need to file a petition either to modify the parenting plan or to establish a parenting plan.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Retain an experienced Family Law Attorney to file a Paternity case to seek orders regarding custody and visitation of your child.
    Answer Applies to: California
    Replied: 5/11/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You will need to file a motion to establish a custody and visitation order. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/11/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, you need to establish a final parenting plan to clearly set forth where and when the child will be residing.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You couldn't be divorced in Washington without a parenting plan so I'm not sure what has actually occurred in your case. File to establish a parenting plan if one was never entered (again, an impossibility) or file to modify the existing plan. Good luck.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    You already know what needs to be done. You will need to formalize the custody and parenting time. Unfortunately that will not rid you of a drunken girlfriend but perhaps we can minimize her involvement.
    Answer Applies to: Oregon
    Replied: 5/11/2011
    The English Law Firm
    The English Law Firm | Robert English
    File an order to show cause re custody and visitation if you are in California. I cannot comment on other states.
    Answer Applies to: California
    Replied: 5/11/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need some assistance to keep your young son away from this mess. You may have to ask the Court to change things to protect him from their bad actions. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 5/11/2011
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