Tuesday, October 25, 2011

Child Custody- Reverse?

Hi,

My bf gained full legal (in MN) custody of his 7 year old daughter in 2004. Her Mother sees her Mon, Tues, and every other weekend. He was just served with papers- she wants full physical custody and wants him to pay child support- something he never asked of her. She has accused him of using and selling drugs- something he has never done, I should know, we live together (this was also the same thing she accused him of in 2004- found untrue). Well my questions are these:



1. How often is a custody reversed/changed- such as in this situation?



2. In our opinion she is just out for the $- if she truly felt him to be unfit- why would she want to keep the same visitation agreement. Will a judge look at this argument?



3. The mom wants her to switch schools back to where she lives- 30 minutes away becuase she attended kindergarten there. She has attended 1st and now started 2nd at her current school- Would a judge change that?



Hes getting a lawyer but its the weekend- Thanks!Child Custody- Reverse?If she cannot prove he is selling or using, you have nothing to worry about. The burden is on her to prove why it is in the best interests of the child to change custody.



Don't waste your time trying to figure out why she's doing this... what does it matter.



You have nothing to worry about.Child Custody- Reverse?It sounds to me like you have nothing to worry about, especially since she has already used this drug accusation in the past and it was proven untrue.



Generally they won't change custody on a young child unless there are truly compelling reasons to do so. Wild unproven allegations are not compelling.



And it is REALLY doubtful a judge would have her change schools at this point. Particularly since the school year has already begun.Child Custody- Reverse?Courts are reluctant to switch custody around on a whim.



I agree that from just what you've said here that this Motion for a change in custody is more about the money than anything else.



She will have to prove her allegations of drug abuse and sales. If there isn't any drug use, I wouldn't worry too much. But maybe its time after this court battle to start making her pay support....that will keep her at bay.