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  1. #1
    Join Date
    Jul 2010
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    1

    Default What Are the Chances of Getting a Judge to Award Me Full Custody

    Here's the situation...When My ex-wife and I divorced I gave her physical placement, joint custody. After about 18 months of watching her life go to shit (a lot of time at bars, dumping our son at her parents to go party, being evicted from her apartment and moving in with her parents), I filed for full custody. There are pages more of stuff I could mention, but you get the idea. Anyway we meditated to keeping joint custody in October of 2009, but with me getting placement along with a 65-35 split in time spent (was 50-50 before). She was backed into a corner and had no choice really (to many lies for her to tell in court). I’m at the point I want full custody with her having visitation every other weekend. Here are my reasons: since she was evicted from her apartment in July of 2009 she has lived with her parents and her and my son (he’s 5) have shared a bedroom and quite often a bed. In February of 2010 she had a baby and never even knew she was pregnant (supposedly). Now the three of them share a bedroom. In March of 2010 she lost her license for expired insurance/registration and has been driving around in 3-4 different borrowed cars. Her life is a train wreck and I do not agree with the life she leads and exposes my son to. I am stable, employed, and own my own house. He has always had his own room with me and always will. My question is what are the chances of getting a judge to award me full custody? State is NY

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Are the Chances of Getting a Judge to Award Me Full Custody

    Nothing you have suggested would justify a modification in custody.

    Her lifestyle choices may not suit you, but they're hers to make.

    There's also nothing wrong with the three of them sharing a room.

  3. #3

    Default Re: What Are the Chances of Getting a Judge to Award Me Full Custody

    we meditated to keeping joint custody in October of 2009
    Then what the court will care about is what occurred AFTER October 2009 that substantially and negatively has impacted the child.

    she was evicted from her apartment in July of 2009 she has lived with her parents and her and my son (he’s 5) have shared a bedroom and quite often a bed
    There's no aspect of living with family and sharing a bedroom at age 5 that the court will consider INHERENTLY bad for the child. In fact, often courts feel that having this additional support system around to be MORE beneficial for the child.

    In March of 2010 she lost her license for expired insurance/registration and has been driving around in 3-4 different borrowed cars.
    If she has ever been stopped, ticketed, or arrested regarding this issue WITH the child in the car, your attorney would be extremely foolish to NOT present such evidence to the court to support your petition.

    what are the chances of getting a judge to award me full custody?
    The crystal ball is broken. But ultimately it comes down to you PROVING to the court's satisfaction that (a) something SUBSTANTIAL has CHANGED since you AGREED to mediated visitation (however poor a parent that you've already agreed to her being up until now isn't going to fly), and (b) that whatever those changed circumstances are pose a DIRECT detrement to the child. In other words, the court isn't going to remove the child from her care for living with her parents (not detrimental, even if you think she's a loser for doing so), nor for having a suspended DL (unless you can show DIRECT negative impact to the child, like driving drunk or otherwise creating endangerment - so long as the child is being left in the care of a responsible adult while mom is out drinking and partying, it isn't directly relevent).

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