Wednesday, September 14, 2011

Can sole physical custody be changed to shared custody?

Custodial parent(the mother) was recently been granted sole physical custody even though they already had it, but now it is documented in the courts.The noncustodial parent will have visitation 6 hrs a week.Can the noncustodial have the sole custody changed just because they want to? The parent with the sole physical custody is doing a great job with their child and is very stable financially,mentally and physically.The noncustodial is going through constant financial problems,facing foreclosue,3rd wife,three kids by three different partners and has to pay child support for two of those children and has stated in the past that they would move out of the country because of having to pay child support.The non custodial wants to keep pushing the issue of getting more visitation time when they have only just started seeing the child 1 month ago, but say's it has nothing to do with reducing the child support,the noncustodial also keeps stating that they want shared custody despite the fact that their child is doing well witht the other parent.The child is only two years old and has never lived with this noncustodial parent but the NCP is insisten on taking the child out of the home of the custodial parent for half of the week despite how well this child is doing. So my question again is ,can the NCP change the custody arrangement that is already established just because they want more custody?Can sole physical custody be changed to shared custody?Almost the entirety of your post is irrelevant. It doesn't matter what he said, or how much time he has with the child, how many other women he has a child with, or how much child support he is paying.



If he can take car of the child more often than 6 hours per week, and that child isn't under the age of 3 (in most states), he will likely get in the least the 1st, 3rd, and 5th weekends and alternating holidays.



Any court order can be taken back for modification, so there is nothing you can do to stop him from doing so. in fact you haven't listed one thing that would tell me he is a bad parent and why he is a harm to the child. Sounds more like using children as a pawn to me.Can sole physical custody be changed to shared custody?There are obviously solid reasons why one parent has sole physical custody and the other parent only has visitations right..you detailed everything..courts take granting sole legal custody very seriously.

.I have sole legal custody of my two children, it was ruled in family court that it would never change..the ex has both mental illness and abusive our children..the court's decision was final in my case.Can sole physical custody be changed to shared custody?Yes. It must go thru the court system though.....which requires your time, money and diligence to see it thru, if that is what you want.Can sole physical custody be changed to shared custody?Where children are involved one can show cause and go back to court. The interest of the child/children should always come first.Can sole physical custody be changed to shared custody?Not without applying to the court to have it amended.Can sole physical custody be changed to shared custody?Custody with children is always temporary, however, if the order has recently been granted, the court will frown upon the NCP trying to change things so soon unless there is a drastic change in circumstances from when the original petition for sole custody was granted. The NCP can push the issue through the courts if they are willing to do it, and likely would be granted an opportunity to earn more visitation over time as he / she proves they are responsible enough now. Each case is different, and each state has different laws, so my advice is to check with an attorney in your area for specifics to your case.