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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 04-24-2020, 08:15 AM
Selfrepmom Selfrepmom is offline
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Default Material Change

Out of curiosity: What constitutes a material change in order to justify a final order change from joint to sole custody? Anybody here have experience with this?
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Old 04-24-2020, 11:59 AM
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Janus Janus is offline
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You would have to show that joint custody was causing unanticipated problems, and that those problems could be fixed by switching to sole custody.

eg.

1) Kid needs medical treatment, other parent refuses
2) Parent is abusive
3) Parent is blackmailing the other parent in return for consent

Obviously, you would need evidence. Your impassioned speech expounding the crappiness of the other parent will not suffice.
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Old 04-26-2020, 09:00 AM
LovingDad1234 LovingDad1234 is offline
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Once joint custody has already been established, the chances of reverting to sole custody are extremely thin. I mean extremely. Unless your ex cut communication with you and is not making themselves available for joint-decision making or your ex refuses to cooperate with their responsibilities relating to medical, education and religion in ways that negatively impact kids, it will remain joint custody.

Even a disagreement relating to the above doesn’t result in sole custody. Parents are allowed to disagree (ie: selection of school). It’ll remain joint custody and you will be referred to a mediator and possibly co-parenting counseling and courses.
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