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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-16-2019, 04:59 PM
Norris-level Defence Norris-level Defence is offline
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Default Chances of gaining sole custody/access after status quo

Long-time listener, first-time caller. Thanks for the information over the last while. It's very helpful.

Can anyone weigh in on the likelihood of a parent getting sole custody/access of two children after more than five years of the children spending time 50-50 between households?

What would have to occur for something like that happen in court?
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Old 01-16-2019, 07:54 PM
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The-Iceberg The-Iceberg is offline
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Very unlikely. But a lot more info is needed to know your situation. Is your ex hurting the kids? Are they neglected? Can you write more?
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Old 01-16-2019, 08:26 PM
Norris-level Defence Norris-level Defence is offline
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Thanks for the reply.
No abuse or neglect on either side. Two stable homes. Plenty of activities and engaged households. The kids are happy in both homes, but there’s a ton of fabricated claims regarding personal hygiene, safety, etc. in an effort to change custody/access.
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Old 01-19-2019, 10:01 AM
Selfrepmom Selfrepmom is offline
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From the sounds of it the other parent is accusing you of these things, in hopes of changing the current order/status quo in their favour?
If so, this is something very similar to what we’re going through. First, make sure you are only communicating with the other party through email, so all of their accusations and your responses are documented. Second, what are the accusations? Are they more along the lines of harassment (ie “child came home with a smear of ketchup on their face, you are a horrible parent who does not care about personal hygiene”) If it’s crap like that, a) this is not a material change in circumstance, and is no where near something big enough to change a court order b) I’ve found it helpful to address these accusations ONCE with the other parent, and then IGNORE (ie they accuse you of not bathing the child: (in a email response) “ Child is bathed every other night when at my home. This matter does not affect child’s safety or well being, and as such I will not be discussing it any further” And then don’t respond to it anymore.
Remember, if the other party brings a motion to change access/custody, it is up to them to prove that there is a material change that would warrant one. Baseless accusations (especially when there is an email trail of you responding politely and directly) are going to get them no where.
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Old 01-19-2019, 10:55 AM
tunnelight tunnelight is offline
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If the other parent is making unreasonable conflict and making joint custody (major decisions) unfeasible then you could go for sole custody.

As per the accusations and complaints to you, My lawyer always tell me to just ignore it. She may soon realize she's talking to a LCD screen.
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Old 01-23-2019, 02:26 PM
Norris-level Defence Norris-level Defence is offline
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Thanks for the replies, all. There's no teeth to the claims and my lawyer is pretty confident on this one and says that even if the claims were true, it still would not hold water to change from 50/50 to sole.
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Old 02-04-2019, 11:05 PM
ninehundredt ninehundredt is offline
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Quote:
Originally Posted by tunnelight View Post
If the other parent is making unreasonable conflict and making joint custody (major decisions) unfeasible then you could go for sole custody.

As per the accusations and complaints to you, My lawyer always tell me to just ignore it. She may soon realize she's talking to a LCD screen.
...and even in cases like this it's an uphill battle.

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