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Change in temporary custody

Started by mistoffolees, Dec 01, 2006, 12:27:40 PM

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mistoffolees

I filed for divorce in OK in September. One daughter, age 8. Within a week after the filing, we agreed to temporary joint custody alternating weeks of physical custody and alternating holidays. In addition, OK has a stated legal preference for equal parenting.

The temporary agreement states:
"We will propose equal joint custody to the court with the intent of evenly sharing [daughter]'s time on a week-by-week basis as a permanent plan. This proposal is subject to the advice to each of us by our respective counsel"

After getting this agreement signed and my attorney's blessing, I moved out and rented a nice house -comparable to the old family home. So far, the arrangement has worked with no problems.

My wife is making all sorts of allegations, mostly imagined, but none of which have any direct bearing on my daughter. She's saying that unless I give her more money, she will have her attorney try to get sole physical custody.

Most of her allegations are for things that happened before she signed the agreement, so it seems to me that it would be hard to claim that they would cause her to change her view on the matter. It seems to me that by signing the agreement and cooperating with 50:50 physical without raising a peep, she's basically said that she doesn't consider her allegations to make me an unfit parent. Of course, that's a personal view, not a legal view.

The one new allegation is true. After I left her house and had filed for divorce and decided that I was never going back, I joined a dating service. While I might have waited until after the divorce, I don't see how my interest in starting to date again has any relevance to my child rearing abilities (I would not bring a date to the house while my daughter was here - at least not for a long, long time).

How likely is it that she can make a decent case for getting sole physical custody?

socrateaser

>How likely is it that she can make a decent case for getting
>sole physical custody?

Your joining a dating service is irrelevant, unless your dating is harming the children's interests.

mistoffolees

Thank you.

What about the first part? Given the wording in our agreement that "We will propose equal joint custody to the court with the intent of evenly sharing 's time on a week-by-week basis as a permanent plan. This proposal is subject to the advice to each of us by our respective counsel".

If there's something that she's unhappy about but which she knew about at the time she signed the above agreement, can she change her position and claim that it makes me an unfit parent?

Thanks.

socrateaser

>If there's something that she's unhappy about but which she
>knew about at the time she signed the above agreement, can she
>change her position and claim that it makes me an unfit
>parent?

The agreement has no legal authority. It's only useful as evidence of the mental state of the parties at the time that the agreement was signed. People change their minds, especially when under emotional stress, such as a custody dispute.

I don't see any relationship between your fitness to parent and the agreements made between you and the other parent. If you had stated that you wanted the kid half the time so that you could beat the child when disobedient, now that would be relevant.

But, as you apparently did not, I think you're worrying about nothing.

mistoffolees