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Chances on custody modifications

Started by matt1968, Nov 22, 2006, 04:43:35 AM

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matt1968

Hi, I'm new to this forum. I was divorced Dec 05 after a lengthy process. 4 boys involved, older son elected to live my. My 3 boys have approached me that they want to live with me. Ages, 13, 11, 10.  Why?
My ex has been in to relationships since divorce, 1st before divorce final. In both cases, she allows the boyfriend to move into the house with them. I do not think is a good situation. She only new the 2nd one for about a month and he moved in. They discuss moving away, out of county, but within state.  The boys were stressed.  Then they broke up. She was an emotional mess and did confide in that the 1st did beat her up and she call police. I do not think boys were aware. The 2nd break was over distrust. Again, she confided that.  After about 2-3 weeks, he moved back in again.  I have dated some, but the boys have never met any of them, my kids are my priority right now.

Can someone advise me on possible chances and my approach.  

Ref

The boys are too young to make a decision like that. The court more than likely would not listen to them at this point.

BM's boyfriend situation isn't great, but it is also very unlikely that a judge would reverse custody over it. If she was still with the abusive bfriend and you have proof, you might have a shot, but that doesn't seem to be the case.

You may have a shot if she were to want to move away and take the kids out of the school district, if you still live in the same district. That doesn't seem to be the case either.

What is your current situation? Joint custody, visitation.....

Best wishes
Ref

matt1968

It is joint custody with standard possesion. When one of us have possession, all 4 boys are together.  My 15 yr old believes it is not a good situation and has been there when she puts me down to them. Says that whatever the new boyfriend says, goes... But no indication of abuse.

 I read that in Texas it was at age 12. My 11 yr old will be 12 in March. My 10 yr old has been ready since i moved out of the house.  

mistoffolees

You may be right about the ages, but I would suggest consulting an attorney about the value of the kids' input. It may be possible to get the kids one at a time. For example, if the attorney suggests that he has a good chance at age 12, then he could go for the 13 year old now and then go for the younger ones as soon as they hit 12.

matt1968

Thanks...

I do have an appointment. I do want to keep them together and prepare to offer a reduced flat rate of child support if she does not fight it, 15% for all four.  But don't think she will consider.  Just trying to gauge the chances, don't want to start a war if not much of a chance.