How can I fight this?

[jmartinez1895]

 I gave my ex husband custody 5 years ago due to money and abuse issues. About 4 years ago I started to try and fight to getthem back. My attemps have not gone well due to many lies on his behalf and money issues on mine. He had been living with the children with his parents. He moved out and into an appartment with a freisn about a year aago, but left the children with his parents. He still has his parent address on his ID and he cars are also registered there as well. His parents also claim that he lives there and that he gets the kids ready for bed and takes them to school everyday. I have a PI that has seen him at this apartment and not with the children. THe only problem is that my attorney told me that if we file something in court about abonding them all he has to do is pack a bag and come back the night before or court date and tell the judge that he is back with the kids and nothing will happen. This does not seem fair that you can leave your kids and not be punished. Has anyone else gone through this or aything similar. I am looking for any advice on this. Thanks.

[Waylon]

It's possible that with enough documentation you could make a case for a change in custody, regardless if he suddenly pops back up and starts living with the children.


To successfully request a court-ordered change in custody, one of the requirements is that the court must find that a "substantial change in circumstances" has taken place since the initial (or previous) custody determination was made. This article has more information on that:

http://www.deltabravo.net/custody/circumstances.php