Need help with a custody motion...need input....short message

[joni]

Hello All,

We're in the midst of challenging custody/move away.  Long story.

ANYWAY

Can anyone please give me some issues to incorporate into our motion to change custody from sole legal (BM of course) to joint legal?  We're not challenging physical custody....at this time....just trying to legally re-establish our parental rights.  Taking baby steps.

Typical story seen on this board a million time, PBFH BM at divorce settlement falsely accuses DH of domestic violence (no proof, no incidents during the 3 year separation).  BM claims she needs sole legal custody because she fears for her life and she cannot co-parent with BF because they never agree on anything in regards to the child (funny, this was never a problem when they were married).  Of course, there was restricted access to child during separation by BM.

There are no major notables with child in regards to school or health.  It's difficult to come up with points for the motion that don't also address physical custody.

Would be eternally grateful for any ideas or thoughts.

THANKS!

[oneandonly]

What state?
 Joint Legal custody, sadly, does not mean a whole lot--she, as the CP will still have the final say...
Why not go for joint physical?
Have you talked to an attorney?

[joni]

BM's in NY, we're in IL, jurisdiction is MI.  We can't force her to move here.  Just want to re-establish our parental rights, which now, we have none.  Just babysteps towards getting sole physical.