The mom files for a custody change from joint to wanting full physical and legal custody -
Mom has no lawyer
Dad has a lawyer
Mom is remarried
Dad is engaged
Do judges favor mothers over fathers - or is it more equal now?
What would a father have to do to win? There is no %26quot;unfit%26quot; argument to be had.
Mother has been misleading %26amp; is planning to move the children further away
If you need more specifics just ask.How do judges view custody battles when?The judge is going to favor with THE CHILD every time. If the mother presents a valid reason that she should have full custody of the child, and teh judge feels it is in the child's best interest, he will side with the mother. If he doesn't think it is in the child's best interest, he will not. And the same goes with the father.
*EDIT* - Nothing you said sounds to be in the child's best interest. It sounds a lot more like the mother just wants to punish the father. Any rational judge will see through this (they do see cases like this a lot, and have seen and heard just about everything), and will deny her request.How do judges view custody battles when?The mother is going generally need some reason to change the custody. The judge isn't going to look kindly if her answer is, %26quot;Just because.%26quot;How do judges view custody battles when?The primary caretaker, or the person perceived to be the primary caretaker, will be the one who gets the kids ninety-nine percent of the time. What does primary caretaker mean? It means be the one who cares for the children's basic needs: education, medical, social, emotional, extra-curricular, religious, day-to-day decisions. It doesn't matter if you work full time outside the home. You can still prove you are the primary caretaker if you have a history of handling most or all matters pertaining to the care and welfare of the child(ren)...If you are on drugs, alcohol or in some way impaired, you are jeopardizing your chances of getting custody of the children..
again remember Remarriage of custodial parent with stepchildren who don檛 get along with biological children which could result in emotional or physical harm.The mental and/or physical health of custodial parent becomes an issue
Evidence of substance abuse problems by either parent..
%26quot;Mother has been misleading %26amp; is planning to move the children further away%26quot; proof please? If the relocation distance is small, there may not even be a material change in circumstances to warrant a modification to the existing child custody and visitation agreement. If one parent moves more then 100 miles from their original location, a modification will be required,however the court ultimately will base its decision on the best interests of the child
To determine whether to allow the relocation of a minor child, the court looks at many factors. Most importantly, the reasons given for moving, the reasons given for opposing the move, and the relationship between the parties. A parent seeking to relocate must notify the other parent well in advance of a move. The timelines are specified in the laws of each state
when the parent with primary physical custody seeks to relocate, there is often a rebuttable presumption that the intended relocation of the child will be permitted. If there Is an objection, the presumption may be rebutted by demonstrating that the detrimental effect of the relocation outweighs the benefit of the change to the child
