Is this a material change in circumstances re: child custody and visitation issues?
By admin on Aug 6, 2008 in Parenting Agreement Issues
jst70 asked:
I am just recently divorced. My ex and I share joint custody of our son, but he resides with me and we have a liberal visitation arrangement. I believe that my ex is planning to introduce our child to the man she left us for and that she is also planning to “shack up” with him or possibly even marry him. Would any of this represent a sufficient enough change in circumstances to warrant my suing for full custody and/or limitations on visitation?
Mrs.Spruill | Aug 6, 2008 | Reply
don’t go lookin 4 trouble as long as she doesn’t put your child in danger than i wouldn’t worry about it just yet!
jmclaughlin07 | Aug 6, 2008 | Reply
no i’m sorry you can’t sue for physical custody because your wife has moved on, even if it was the scum that she left you for. sorry but you can’t.
Dimitar A | Aug 6, 2008 | Reply
most probably would not.
of course a lawyer would be able to answer the best.
abc | Aug 7, 2008 | Reply
no, you both will eventually move on and have new partners, just because she has moved on first doesn’t change the relationship you and she have with your son…..or visitation
justakiss62 | Aug 9, 2008 | Reply
Do you really want to put your child through this or are you just pissed off because she left you still……If there is truly good that will come from this then get a lawyer and go for it. If you are just mad at her still then let it go.
littlelamb36 | Aug 10, 2008 | Reply
Only if this man posses a direct threat to your son. If he is a convicted felon, has a current criminal record for any kind of drug related or abuse issues.
Other than that there is no legal issue at hand to go back into court for a modification or change in circumstances.
calendargirl | Aug 12, 2008 | Reply
Why would you want to take a good parent away from your child? Just because you are hurt? We all make mistakes or poor choices at some point in our lives. Just because she wants to be happy and that doesn’t include you, doesn’t mean you should destroy your child’s life.
Pequen | Aug 13, 2008 | Reply
If you feel that your child is in some immediate danger then by all means do so. You know nothing about this man. He could be a criminal for all you. The last thing I would ever do is subject my child to this kind of situation. If you know the guy’s name and social you can do a background check on him, doubt your wife has even had the brains to do so.
Barb S | Aug 16, 2008 | Reply
Why does the custody arrangement have to change unless her man is a monster. Sounds like the arrangement was working out. Why mess with it
redneckwoman_1987 | Aug 17, 2008 | Reply
nope, also it is very hard to take a child away from its mother. When I divorced my ex husband which was a druggie and had no job and actually would be better if her disseapered into thin air
I was living with my new boyfriend ” now husband “. He tried to pull the shacked up card and the court just blew it off. I ended up with full custody and all he got was ever other weekend