Custody Modification

[jgiles80]

 I had was the defendant in a custody proceeding that was heard in 2010. My child was almost four years old (3 years 9 months). The ruling was for joint week on week off, which I was told is unusual (she had sued for full custody). Since the ruling his mother has had two illegitimate children, one was conceived just before she had filed suit. She is living with the father of the latest child. So since the ruling she has gone from one to three children, and also had abandoned the marital residence in favor of a trailer to be with the father of the latest child. Which she had done without notification. I am at a point where I am considering a relocation to be closer to someone I intend to marry, and am looking for advice from any one who may have knowledge of general standards for modification. Specifically whether or not there seem to be substantial change in circumstances that would justify modifying the order. We were separated three years ago and the property is still in dispute and I genuinely want to get as far away as possible and begin a new life. I unfortunately also want to oversee my son's education and doubt that his mother would simply agree to less time with him based on how conflicted the divorce had been. Just curious to see if any out there had to consider similar circumstances. Thanks for any input.

[Waylon]

I guess I'm not really certain what you're asking, specifically. (??)

As far as  substantial change in circumstances, this article may shed some light on this: Defining "Substantial Change In Circumstances" (http://deltabravo.net/cms/plugins/content/content.php?content.178)

I had was the defendant in a custody proceeding that was heard in 2010. My child was almost four years old (3 years 9 months). The ruling was for joint week on week off, which I was told is unusual (she had sued for full custody). Since the ruling his mother has had two illegitimate children, one was conceived just before she had filed suit. She is living with the father of the latest child. So since the ruling she has gone from one to three children, and also had abandoned the marital residence in favor of a trailer to be with the father of the latest child. Which she had done without notification. I am at a point where I am considering a relocation to be closer to someone I intend to marry, and am looking for advice from any one who may have knowledge of general standards for modification. Specifically whether or not there seem to be substantial change in circumstances that would justify modifying the order. We were separated three years ago and the property is still in dispute and I genuinely want to get as far away as possible and begin a new life. I unfortunately also want to oversee my son's education and doubt that his mother would simply agree to less time with him based on how conflicted the divorce had been. Just curious to see if any out there had to consider similar circumstances. Thanks for any input.

[jgiles80]

 Sorry if I blithered on too much. I am trying to find out if the additional children and reduction in her standard of living warrants pushing for a custody modification prior to or instead of requesting one for my projected relocation. Or just focus on the relocation only and not even stir up further conflict regarding her parenting. I did not know if any one has faced a similar circumstance where they watched changes that they considered objectionable occur but not know where the limit as far as court intervention is. I do wish to avoid conflict but if there is going to be one I want to make sure it is as effective as possible. But my main goal is to have custody of my son during the week when I move.

[jgiles80]

 That article did help Thanks for pointing it out>