Modification of 50/50 Custody to Primary Custody With One Parent
My question involves a child custody case from the State of: Tennessee
My husband is wanting to pursue custody modification, but he is afraid. The current custody agreement is 50/50, alternating weeks (Mon to Mon) and holidays and the mother is listed as PRP. He would like to be named PRP and change custody to where the mother gets visitation every other weekend and possibly one day a week and continue to alternate holidays. The basis for this decision is the mother's stability and the environment the kids are in while they are in her care. I have wrote out all of our reasons for the custody change by outlining them with the guidelines Tennessee goes by for determining the best interests of the child.
Custody is determined according to the best interest of the child. In taking into account the child's best interest, the judge will order a custody arrangement that allows both parents to have as much participation as possible in the life of the child, taking into consideration the factors listed below, the location of the residences of the parents, the child's need for stability and all other relevant factors. The judge will consider all relevant factors, including:
Love, affection and emotional ties existing between the parents or caregivers and the child; EQUAL
Ability of the parents or caregivers to provide the child with food, clothing, medical care, education and other necessary care M-When D7 and D3 had lice she did not take the necessary measures to rid them of it. D7 missed school for an entire week when the school only allows 2 days for lice treatment. We discovered the lice, bought the treatment, treated them, sent D7 to school the following day, discovered they were not gone, had to wait to treat again according to treatment instructions, gave the treatment and comb to M, she did not treat her, and she missed school the entire week she was with M. I took the time and money the following week to purchase a different kind of treatment and spent hours picking through their hair. After one day, there wasn’t anymore lice present.
Degree to which a parent or caregiver has been the primary caregiver; M was stay at home mom, but now they are EQUAL primary caregivers
Importance of continuity in the child's life and the length of time the child has lived in a stable environment (If the court finds that the other parent abused your child, and you took the child from the home because of this, your relocation will not weigh against an award of custody.); M has lived in 7 different locations since June 2010. M has also had numerous (8) phone numbers. D lived in 1 location for 5 mths, a second location for 1.5 yrs, and his present location, which was purchased
Stability of the family unit of the parents or caregivers; M has been in an on and off relationship with her girlfriend while dating a few guys in between. M was fired from her job for attendance and quit her second job bc of a disagreement with a manager but is now back at that previous job. D has not only kept a stable job, but has kept a stable relationship and has remarried. ·
Mental and physical health of the parents or caregivers; M is Bipolar and is known to be abusive to her girlfriend and with D during their marriage. She also stated she had stage 2 uterine cancer during the divorce but we have not heard anything of this since. D has no physical or mental health issues.
Home, school and community record of the child; M- Letter sent home regarding attendance. D7 had 5 unexcused absences. no notes written for absences and no dr notes during weeks with M. · D no issues.
Reasonable preference of a child who is twelve years old or older (The judge may hear the preference of a younger child on request. The preferences of older children should normally be given greater weight than those of younger children.); N/A·
Evidence of physical or emotional abuse to the child, to the other parent or to any other person; M- Arrested for domestic assault along with girlfriend prior to divorce while kids in her custody. There has been several other altercations between the two since. Some occuring in their kids presence. Girlfriend is still in the picture even after a recent altercation sent her to the ER. Kids have not been harmed physically although S4 stated during the time they were arrested that he was hit in teh leg with a picture frame. M has also degraded D in front of the kids.
[Character and behavior of any other person living in or frequently visiting a parent’s home and his/her interactions with the child; M's girlfriend who has lived with them frequently off and on for 2 yrs has a history of DUI, alcohol abuse and also physically assaulting M·
Each parent or caregiver's ability to manage parenting responsibilities, including his/her willingness and ability to encourage a close and continuing parent-child relationship between the child and other parent or caregiver. In determining each party's willingness, the judge is supposed to consider:
o the likelihood of each parent and caregiver to honor and facilitate court-ordered parenting arrangements and rights; and
o any history of either parent or any caregiver denying parenting time to either parent in violation of a court order.*
M kept the kids from Adam from June 26, 2010 until Sept 17, 2010. This was prior to their permanent parenting plan. She has been known in the past to threaten withholding them from him and has numerous times not allowed him to talk to them at the stated court ordered times.
D is willing to encourage a close relationship between M and their kids. He only asks that she get her life in order and acquire some stability about herself. He wants to be named primary residential parent, but important decision making to remain joint. He will be willing to allow her more time with them as long as the kids are kept in a safe environment, and M's girlfriend is not allowed to be around them. He has never withheld the kids from her. The only instance would be Christmas 2010, but it was his during his time although they has discussed her getting them at 12 and bringing them back at 5, but M said some inappropriate things acted out and wouldn’t compromise so he believed it was in the kids best interest to stay with him.[/LEFT[/LEFT]]
There's the majority of the info we have against her. We have text message, facebook posts, voice recordings, and a couple of pictures to support most of this. Does my husband have a good chance of modifying custody?
Re: From 50/50 Shared Custody to Father Prp and Mother Visitation Every Other Weekend
Please PLEASE edit that. There's no need to use several colors - we can read fine in black and white :)
Now. "We" don't have anything - you're not part of this. Your husband is seeking a change in custody, correct?
Well, what you've listed would be fine IF this was an initial custody determination. However, it's not. He wants to MODIFY the current arrangement and that first requires a change in circumstance.
So please, edit the post and list what has changed and explain how those changes are detrimental. Without the rainbow text preferably.
Thanks!