Monday, September 19, 2011

Child custody changes?

i have 3 children and have been divorced for almost 3 years. when we first split up my ex and i decided that i would have 70% and him 30% because he's in sales and is out of town a lot. after i started dating and got a boyfriend he was jealous and took me back to court to get 50% which i could not afford to legally fight so it was granted. now, my oldest daughter, 11, just told me she wants to be with me most of the time, only seeing her dad every other weekend. i told her she would need to discuss with her dad and she said she already had and he had a fit saying %26quot;don't you want to be my daughter anymore?%26quot; and %26quot;don't you want to have the last name xxxxxx anymore?%26quot;. she said he was just all blown up and hasn't asked him again so now she is asking me. does anyone know what/how i would go about asking the courts for this? i told her i'de check into it and she said that if she can, SHE wants to ask the courts to make the change. any advise?Child custody changes?at a certain age the child can choose who she wants to live with. but it varies by state/county. you don't even have to hire a lawyer if she meets that requirement. every courthouse has a legal library that will have all the laws that apply. all you need to do is find a similar case at the legal library (after you have verified she is old enough by your court systems standards to make that decision) use it as a template and modify what is necessary have it notarized and file it with the courts. you might have to pay a filing fee but they are usually less than $50. about the emotional reaction from the ex husband. just tell your daughter his feelings are hurt but that doesn't mean she is in the wrong. she is too young to completely understand the whole jealousy thing and that's not something you should share with her anyway. get her to write him a letter explaining how she feels but make sure she knows she is not in the wrong and not to apologize for anything in the letter and mail it to him. he will come around once he gets over his temper tantrum. Child custody changes?depends on how old she is if she is over 13 yes she can ask the court if not tell the court on her behalf that she doesn't want to anymore.Child custody changes?You could get a guardian ad lidum but they cost money and a lot of time they aren't good. Some states have free legal aide if you don't make a lot. Did you ever think it might be because of child support. He might feel then he would have to pay for her. It's hard but you maybe have to take him back to family court but it will cost money. Also ask your daughter why. If there is something going on you could deal with it through Social Services. If child support is the issue you could keep that the same and maybe he would let he stay with you. GOOD LUCK.
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