My fiance has been divorced from his ex-wife for 3 years. He has two children from that marriage 4 years old and 7 years old. The children are suffering from their mother's negligence and bitterness post-divorce. The father currently has joint legal custody
and alternating weekends for visitation and holidays.
We live 6 minutes away from the mother and he would like to have joint physical
custody of the children 50/50 time his children as they have not been thriving in the current situation.
For the past 4 months, she agreed to allow him to keep the kids for half a week in additon to his normal alternating weekends. However, whenever she is in a bad mood she will revoke that schedule and demand that they stick to the court schedule, only to ask to begin the schedule again. This is also while the father is paying child support
for the 2 children. This back and forth situation of course adds to the instability in the lives of the kids.
The 7 year old missed 11 days of school and was late 20 times to school
The 7 year old has been mandated to attend summer school to avoid being held back
The 7 year old's teacher has stated that he is often unprepared for school, tired and falling asleep in class.
The 7 year old's report card
and progress report (signed by the mother) also states that he has maintained a "D" average in school.
The mother works from 7AM-7PM and is unable to provide daily structure to the children and the father works from 9-2PM and is available to help with homework, extracurricular activities etc...
She refuses to consult the father on anything important involving the children's school or other important details...
We have recordings of the 7 year old stating that the mother had bad mouthed his father to him...telling him his father is a cheater and she has also reprimanded him for confiding his father.
The 7 year old has repeatedly asked his mother and father if he can live with his father and the mother tells him NO.
My fiance filed a police report against the mother and her live-in boyfriend who beat the four year old. He took his daughter to the precinct to file a report and pictures were taken.
The mother refuses to allow the children to speak their father during the week...this has been going on for 8+ months. When he calls to speak to the children, she refuses to answer the phone.
Both children look dirty and unkempt. She has threatened to attack me for fixing her daughters hair. She has also revoked parenting time from the father if I fix the daughter's hair. We've taken pictures to prove how filthy they look.
How feasible is it for my fiance to get joint physical custody
given these circumstances? We live in the same area (though a better neighborhood than the mother). My fiance doesn't care about the child support and if he has to still pay...he is concerned for the well-being of his children.
ANY insight would be helpful!!!! (State of NJ)