Modification of Custody and Visitation

[mommy with heart]

Dear Soc,

I'm desparate for advice. I filed a modification of custody in April of 06, contempt on NCP for not paying child support etc.  Judge found contempt in child support and NCP only made one payment which was the minimum amount due by the next hearing held 2 months ago.  NCP has not paid another cent and has been pro se up until our last hearing a week ago.  Met in front of a master and NCP suddenly appeared with new representation for modification of custody.  New representation received extension of discovery in order for the case to be reviewed. I'm sick over it!  NCP has history and i have documentation of teaching our child how to hurt and harm others, hygiene, dietary and clothing needs are not being met while in the care of the NCP.  Minor child states that NCP shows no availability to spend time wih the child and NCP has no involvement with educationa and social environment.  but now that an extension has been given, NCP is on "good behavior" as if he has been caring for our child. ie, taking our child to social activities.  This case has been going on for 2 yrs.  i have multiple journals that NCP is aware of since we've been in and out of court, emails from social activity leaders stating no response from NCP.  The list goes on. Here are a couple of questions as i know i will have many more:  

1.  How far back does a Judge consider substantial change in circumstance now that NCP is abiding the original custody order?

2.  Will a Judge consider in my favor (Primary physical custody) NCP's lack of paying  child support  until NCP saught new representation a substantial change?

3.  What hard facts do i now need to add for the pre trial conference?  

Thanks for your help.
MWH

[socrateaser]

>1.  How far back does a Judge consider substantial change in
>circumstance now that NCP is abiding the original custody
>order?

Judge considers whatever evidence is presented by either party, unless that evidence has been used to make a ruling on the same issue in a prior action. So, it's up to you to determine what the judge should consider and to try to prevent the introduction of evidence you don't want considered.

>2.  Will a Judge consider in my favor (Primary physical
>custody) NCP's lack of paying  child support  until NCP saught
>new representation a substantial change?

Depends on the judge and the jurisdiction. Legally, custody is not supposed to depend upon support -- support is supposed to depend on custody. As a practical matter many judges bend this law considerably.

>
>3.  What hard facts do i now need to add for the pre trial
>conference?

I have no idea. What are you trying to prove and what do you have that proves it?