In Dec. of 2004 my x-husband and I were divorced. At that time, we decided that it would be best of the children stayed w/my x-husband and once I got settled and into my own place we would change over to where I would have the custodial rights. Just some info. We are both re-married, he is in the Air Force. I am worried that now that I am getting settled, that he will now change his mind on the situation and fight over the change over we originally discused. I unfortunatly did not get any of this on paper, due to the fact when it was all going on we were still great friends. I am wondering how hard of a battle I maybe looking at. Yes my kids are my world.. I just want them to be able to finally have a good stable home instead of worrying about having to pick up and move every few years.. I want them to be able to experience what I did as a child and have life long school friends %26amp; a steady home until they are older... If anyone knows if I have any hopes etc. please let me know!Change in Joint Custody Question..?Unfortunately, changing custody is going to very hard (even impossible) for you to do. The courts are reluctant to interfere in custody cases unless there is a clear danger to the children. They will not remove the children from your ex's home simply because you both made an agreement (I assume the agreement is not in writing?).
You could always talk to him about sharing custody; you getting the kids all summer or something. Once something like that is established it is easier for you to go to court and say, %26quot;This is what we've always done and now I want to modify the custody agreement to reflect that.%26quot; The courts may be more likely to grant joint custody on that basis.
But changing primary care givers without the consent of both parties is next to impossible.
Don't put your kids through a long and vicious custody battle without a good reason! They will resent you for the upset of their lives and they will be put in the middle of something they shouldn't be. Beleive me, I know firsthand how destructive to a child's well being it can be! My parent's constant bickering over custody destroyed my childhood. Don't do that to your kids.
Good luck.Change in Joint Custody Question..?There's always hope. Judges generally give rights to mothers. I'd get one of those free consultations with a lawyer.Change in Joint Custody Question..?Make sure you get an attorney that deals in childrens rights %26amp; go through a civil court. I had a horrible experience with the Air Force. My ex. had molested my eldest child %26amp; they gave him visitation rights. I nearly had a nervous breakdown but managed to get a judge that ordered he could not see the kids on his own. It was only when my ex. molested another child %26amp; the grandmother took him to civil court that he was sent to prison %26amp; my nightmare finished.
You can't trust the Air Force: they will not be looking out for you or the best interest of your children.Change in Joint Custody Question..?Sometime it is according to the age of the kids, if they are older, and choose to come with you, usually no judge will fight that. It also helps if you have been faithful at visitation?...
