50/50 Shared Custody

[our4girlz]

State - Virginia
Facts - SO & BM have joint custody, BM has physical. Kids have spent EOW w/SO & entire summer. Want to have CS modified to reflect that & file for 50/50 shared custody. SO still lives in same home as kids grew up in & BM has moved several times, has had several b/f's & is currently unemployed. Current b/f has been accused of domestic violence against his ex. BM accused last b/f of abusing kids after he left, but we don't believe it! SO is paying CS, health insurance premiums & for activities (not part of CS). BM also refuses to sign divroce papers.
Questions: 1- What are the chances of him being granted 50/50? 2- Will he be forced to pay BM's atty bills if she decides to hire one, even though she is the one who is forcing it to come to this? 3- What kind of things should we bring up in court to help our case?
I don't want it to turn into a smear campaign...we just want what's best for the kids!
Thanks!

[socrateaser]

You must prove a substantial change in circumstances affecting the child's best interests, which basically means that something significant has changed in the day to day lives of the kids that calls for a new hearing on the custody rights of the parties.

If, by your facts, you imply that the NCP is routinely exercising far more custody than he was originally given, then assuming that this situation continues during the school year, then I think you may have a case. You, at least have a case to have your support order reduced based on the actual time that the children are spending with you.

I don't see that your facts as posted, get you to a 50/50 custody decision. You would need to show that the kids are miserable with mom and happy with you, that mom's moves are degrading the children's education, or their mental state, etc.

Otherwise, you'll be wasting your time and money, at this point.