Wednesday, November 24, 2010

Will the court change custody after 4 years?

My husband and I have 6 kids. 4 are his from a previous relationship, 3 of those 4 live with us, and we have had 2 together. . Ex has had 2 kids with her new Hubby and he has 3 from a previous relationship.So that is 5 kids living with us, and 5 kids living with her. She lives out of state and recently filed to change primary physical custody and relocate the three kids that live with us. Nothing has %26quot;substantially changed%26quot; as far as either of our living conditions. Her house is approx 1085 sq ft our is 2100 sq ft. Bio dad( my husband) is on disability and I work. Her husband works and she does not.

We were not worried until we found out that the court ordered an %26quot;evaluation%26quot; of the two oldest how live with us (ages 10 and 8) the kids told us that they told the evaluator that they wanted to live with bio mom because they miss her and want to see her more. She is supposed to visit them at least 4 times a year and so far has only visited them once a year for a few days at a time.

My heart goes out to them but i hate to think that the court would let them go there for that reason. I find it horrible that at their young age they were asked to make that choice. I don't believe that the kids understand the ramifications of what they said and what it would really mean. Her case is arguing change based on the fact that the kids say they want to live there. Is there a chance that this will happen?Will the court change custody after 4 years?Anyone can go to court nowadays and ask for anything. I hope you have a good attorney because there will be a hearing.

Stay calm, stay focused on the kids - their ability to flourish in your home. Let them (court) know you understand they would like to see their mother more but she hasn't taken advantage of the visitation she had. Let the court see how well they do in school, etc. Basically, they want to see a stable, loving home with a scheduled plan of activities, dentist/doctor visits, etc. You don't need to be wealthy - things need to be neat, clean, orderly and functional.Will the court change custody after 4 years?There is always that chance of the court doing the opposite of what you and I think. You really need legal representation. Some courts listen to children of that age group but I think they also take into consideration of where the kids have been and how well they have been taken care of. If the court rules they can go ask that a stipulation be put in the papers that is the children do not like it there they can return.

Good luck.Will the court change custody after 4 years?I suggest getting a good lawyer because it can happen. It is important to let the children know that you will love them no matter what happens or where they choose to live. Unless there is a good reason to change the custody order,I doubt the courts will change the custody order simply because of the wishes of one parent.They are far more concerned with the welfare of the children. Make sure the children understand what the consequences of these events will be.You would be the the ones that they would be missing.They would be moving from their home and leaving behind their friends and familiar surroundings.Will the court change custody after 4 years?When decisions are made in court for children/custody..everything is taken into consideration before a final decision is made..both sides have their own documentations/presentations to speak on..judge have to look at the entire caseWill the court change custody after 4 years?You need to hire an attorney to respond and represent you; maybe they can also push the date back a bit since they just got hired...it depends.



If you don't get an attorney, then show up and be ready to rationally present your side of the story. Make sure you have documentation on her willingness (or lack thereof) to travel to get her kids. That should hold some weight, but since you won't have any sort of written response, you are on shaky ground. While it is possible for someone to write their own, if you don't know what you are doing, you could mess it up worse.



You really need an attorney in this situation. A judge can only make a determination if they have all the information, and it sounds like you guys might find yourselves in over your head in the courtroom and unable to make sure your side of the situation is properly represented.