Ex Parte Modification of Custody Due to Inability to Exchange Child as Ordered

You do realize he may be jailed when he appears in DC for court?

It is highly unlikely that all of these allegations of the mother relate to facts that only became known after the court entered the 50/50 custody order. If dad chose not to raise issues at that hearing, he is not going to be able to use those known facts to try to argue a change of circumstance that would justify modifying custody. If dad raised the issues and the court didn't believe him, then there would be no change of circumstances.

As it appears that mom is already seeking modification of custody due to dad's failure to comply with the custody order, though, the issue of a change of circumstances may not be an impediment -- if the court proceeds with custody modification proceedings on mom's petition, dad will be able to present a full best interests case. Still, arguing that facts he knew about prior to the last custody order is an uphill battle, as either the court didn't find his allegations to be credible and will likely decline to revisit allegations that have already been litigated or he didn't think that they were important enough to raise at that time.

If dad is still retaining the child, he had best find a way to get the child back to his mother ASAP, and had best be prepared to convince the court that he will never again miss a parenting exchange.

Well unfortunately you are mistaken Mr Knowitall because it was all submitted and this was granted. And the courts know she has two children under custody of the state. After all the was submitted, they appointed my stepson with a guardian ad litem and thats where everything went left. That lady never found anything wrong so this why the court ordered 50/50 custody over and beyond what we had submitted prior to the guardian ad litem being appointed. She has made arrangements to come get the child after the holidays as she says, but she was such in a rush to get him back...hmmmm...

I mean I know I asked for some clarification but I am not stupid. I do realize that, however the papers do say he can appear by phone in court. Thanks for your concern.

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Quoting Ashley Blakeney

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Well unfortunately you are mistaken Mr Knowitall because it was all submitted and this was granted.

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If you are trying to argue that the court heard all of your husband's allegations, yet awarded the parents 50/50 custody, either the evidence is nowhere near as compelling as you have suggested or your husband has his own pile of skeletons in his own closet.

no skeletons here. I don't see how a infant who had what appeared to be cigarette burn marks on their stomach and an unexplainable gash in his forehead that amounted to getting stitches and having two kids already in custody of the state for neglect is not compelling enough. Interesting...

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Quoting Ashley Blakeney

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no skeletons here. I don't see how a infant who had what appeared to be cigarette burn marks on their stomach and an unexplainable gash in his forehead that amounted to getting stitches and having two kids already in custody of the state for neglect is not compelling enough. Interesting...

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It doesn't matter how you word it, re-word it, or spray paint it on the walls - the fact remains that the court found Mom perfectly fit. And Dad basically ended up doing just about the worst thing he could in the circumstances....he kept the child longer than he was meant to. He's shown the court that he doesn't respect that court and if there's one surefire way of pissing off a judge, that would be it.

The best he can do now is damage control, but he's facing a huge burden.

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Quoting Ashley Blakeney

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no skeletons here. I don't see how a infant who had what appeared to be cigarette burn marks on their stomach and an unexplainable gash in his forehead that amounted to getting stitches and having two kids already in custody of the state for neglect is not compelling enough. Interesting...

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That's what you're telling us -- so again, you're either wrong about your husband's skeletons or the evidence is nowhere near as compelling as you are trying to suggest.

You are entitled to your opinion but unfortunately I would have to disagree with you. IT doesn't help especially if the State that the order is being done in, is a "Mother" state. and yes that does exist.

It's not my opinion. It's what you told us the judge ordered after hearing your ex- make all of those accusations against the mother.

Your delusion that a court will ignore compelling evidence merely because mom wants custody is duly noted; it is nonetheless a delusion.

There is no delusion. You can argue this as you want but you were not there therefore this is your opinion. I am stating facts that happened. If it is that hard for you to believe and want to call me delusional, you are entitled to that. Reality is this is what happened and it is just as hard for me to believe that it happened. but a judge is just that a judge and will supposedly order under the best interest of the child. But my point of asking these questions was to seek valid advice. not opinions on why the evidence was not taken into account. I sit here and question that everyday but that don't change what happened. Period. If you want to help, then help, but do not tell me what happened isn't what happened, especially if you were not there. I would greatly appreciate that.