Welcome to SPARC Forums. Please login or sign up.

Nov 24, 2024, 05:47:29 PM

Login with username, password and session length

What is needed for change of custody?

Started by awakenlynn, Jun 13, 2005, 09:47:08 PM

Previous topic - Next topic

awakenlynn

We live in IA, case is in IL and BM lives in TX.  IL retains jusrisdiction due to military service.

SD is now 12.  When DH was in military he was told he would have no chance at joint or primary custody(12yrs ago).

He is now out of the service.  We cannot argue mother is unfit(not the best mother, but not unfit).  

BM has 2 children, we have 3.  All are younger.

1)  Is DH able to file change of custody for joint custody or primary custody due to having a more stable environment?

2) Can we argue change custody to allow father equal parenting time and to allow sibling bonding among this half of SD family?

Thanks,

socrateaser

>1)  Is DH able to file change of custody for joint custody or
>primary custody due to having a more stable environment?

No. The requirement for a custody change is a substantial change of circumstances affecting the child's best interests. Such a change must directly affect the child, not the parent. A change in your circumstances does not affect the child, because the child is in the other parent's sole custody, therefore you cannot meet the required burden of proof.

You can, however, ask for more visitation time, as the result of your no longer being in military service.

>
>2) Can we argue change custody to allow father equal parenting
>time and to allow sibling bonding among this half of SD
>family?

No, and for the identical reasons already stated above.

Obviously, the above is all my opinion, but I think it's a pretty safe betting against you, based on the facts you present.