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My question is, with her background, and the current situation ( he's here 70 % of the month since Jan) how likely wold he be to get custody?. There are a lot of things that have happened to warrant his reasons to get custody, but to much to type right now.

For an idea on how easy or how difficult it might be to alter custody, some of these articles may have useful information:

Defining "Substantial Change In Circumstances" (http://deltabravo.net/cms/plugins/content/content.php?content.178)

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Confusedmum, I think Ocean's advice was spot-on.

First of all, at 18 there is no reason why your son shouldn't be able to find a job, even if it's just a part-time job.

Your post didn't mention anything about him being hit or in physical danger. If this is the case, you should be contacting the police, not a message board. We're not mind readers, if you don't tell us what's going on then we have no way of knowing.

As Ocean said, taking away an ipod isn't "abuse". It may be punishment, but it's not abuse.

At 18 your son can decide to live or not live wherever he wants. No judge is going to get involved unless there's physical or sexual abuse. At 18 no one can make him move or keep him from moving- it's up to him.

Finally, Ocean has a lot of experience with this kind of stuff and knows what she's talking about- you should consider what she's said rather than spend time wondering if she's male or female.

We all advocate for children here and just because you don't hear the answer you want doesn't mean anyone is biased. Like I said, Ocean has a *lot* of experience in this area (decades, actually). She has more experience at this kind of thing than most of us will ever have. You would do well to listen to what she's said.

[DNA Result Don't Matter]

DNA Result Don't Matter

Chris Atkin's says he doesn't mind that a court is forcing him to pay $730 a month in child support for a daughter that isn't his, but he would also like to be able to see her because he feels like a father to her.

From Fox31 Denver (http://kdvr.com/2016/07/27/man-forced-to-pay-child-support-despite-dna-test-results/):

"I just want my daughter, but I can't even see her, but yet I'm still paying child support. And the biological father has been found and he gets to spend time with her. I don't get nothing," Atkins said.

He accused his ex-wife Lori Lonnquist of ignoring court custody orders that grant him visitation while still collecting child support.

When asked if she was being greedy, Lonnquist said, "Maybe, but I don't feel bad about it, I really don't."


https://www.youtube.com/watch?v=B2s2Rta9_-g

Can we appeal this decision on the grounds that he voluntarily became unemployed the month the initial decision was filed, and the only substantial change was that he began working again.  It also appears that he does fit the definition of being under employed and his possible and potential income should be $20 or more an hour. 

You can appeal it but it's unlikely that anything will happen. Proving willful underemployment is difficult at best and you'll almost certainly spend more in attorney fees and court costs than you'll get back.

In general, going to court over child support issues is a losing proposition. It's almost never worth the time and trouble unless the person's income has increased by a significant amount. If he'd won the lottery or his income had jumped 30 or 40 percent, no problem, but proving underemployment isn't done very often these days. I know this may not be what you want to hear, but it's often the way it goes.

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Take a look at these articles, there are some good tips and information in them that you can use:

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My ex and I have been divorced less than six months. He has already remarried. When we got the initial divorce we agreed on joint custody. We agreed on our holidays. our court orders aren't specific they just say we have to alternate.

You may want to get your parenting plan amended so the schedule is more specific, spelling out the holidays and other events. This could save you a lot of anguish and time in the future.

Because I have no skills and cannot get a job making enough money to support myself I moved in with family while I finish school.

To be honest, this may make it harder to change the custody arrangement. The court will want to see that you're capable of supporting yourself and the children to at least some degree.

My kids are living with him for the next year. We agreed when I finish school our kids could chose where they wanted to live. Since he got remarried things have changed dramatically.

It's likely that after a year, a judge may be reluctant to change the custody arrangement because the children will have been in what's called an "established custodial environment" (ECE). Often judges don't like to alter the ECE without good cause to avoid disruptions in the children's lives.   

I dont actually want child support or anything. I just want my kids. Oh and both of my kids are teenagers.

Whether you want it or not, the court will often impose or award it for the sake of the children; the parent's wishes are often ignored in favor of the children's perceived need for support.

How old are the children? That makes a difference in terms of what options you have for altering custody.

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I know this isn't what you'll want to hear, but in cases like this the answer is generally, "no".

To file an order of protection you'll normally need to show that the child is imminent harm from the GF, above and beyond ordinary fighting or causing scenes. You may be able to get a judge to scold them about the bad mouthing and trash-talking but it's going to be tough to prove, difficult to enforce, and expensive to adjudicate.

I wish I could give you an enthusiastic "yes!" answer, but ask almost anyone who knows and you'll find that the courts are notoriously unresponsive to this kind of stuff.

[FAQ:]

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I would like to know how this is enforced?  Child Support can go through DCS but what about daycare and medical bills?  My boys' father just ignores the invoices I send and my attorney says nothing can be done.

Generally daycare and medical bills do not go through DCS, they are to be paid out of the child support or billed to the paying parent separately by you after receiving them.

Your attorney may be right- it can be very, very difficult to collect from a parent who doesn't want to pay. My ex got away without paying for more than 7 years, and it's only because she and her new husband wanted a home loan that she was forced to make good on her CS debt.