Change of Circumstances?

[gumdropgirl]

Hi Soc,

All parties/orders in New Mexico.

Mom is CP, I have every other weekend/one weeknight/all holidays and summer vacation visitation.

The CP, her husband and my child live with the CP's parents. I have just learned that the CP's parents are getting divorced.

CP's parents have been making her car payment and basicly supporting her and my child for the last 6 months. CP has sold her car now because her mother, who is staying in the family home during the divorce (her dad is moving out) cannot afford to make her payment and insurance any more. There is some doubt as to whether CP's mom can even afford the payment on the house, as she is not seeking alimony and has not been employed for over 20 years.


I fear that my child may be thrust into an unstable situation very soon.

There is a strong documented history of the CP interfering and frustrating visitation, and outright ignoring court orders.

1) Would CP's parent's divorce be a change in circumstances in this case?

Due to the divorce, it is anticipated that CP will not have any money for an attorney in the immediate future.

2) Would it be advantageous to file any motions for custody and/or child support modifications now, while she is without a lawyer or is that unethical?

[socrateaser]

>1) Would CP's parent's divorce be a change in circumstances in
>this case?

Probably not. The issues you are describing are primarily financial in nature. The general solution to a financial problem for a CP is for the NCP to PAY MORE MONEY.

Not what you wanted to hear, huh? Sorry.

>2) Would it be advantageous to file any motions for custody
>and/or child support modifications now, while she is without a
>lawyer or is that unethical?

It's not unethical -- but, depending upon NM law, you could end up paying part/all of the other parent's legal fees.

Bottom line is that if you have evidence which clearly and convincingly demonstrates that the CP is unfit to parent, because she is placing the children in harm's way, then file. But, if your case is that the CP is short on dough and the children are at risk, then the court will probably order you to pay more support, if you're able.

Not what you wanted to hear, huh? Sorry.