The ex says he is going to file for change of custody because he is jealous of how much time I actually get to spend time with the kids. I know myself he can not handle them all the time because when we lived together he wanted nothing to do with them, made them spend hours in their room. I just dont think it would be fair to the kids if they livedd with their father, he never wanted to bond with them when I was with him. I am the one who always took the kids to events, and fun places while he sat on his rear end watching t.v. I told my ex I filed for custodial and made it so he only got weekends because I knew he couldnt handle all three kids for no more than a weekend at a time.
What should I do in this case?
2006-08-17 03:05:34 · 12 answers · asked by LadyRaven 3 in Family & Relationships ➔ Marriage & Divorce
Your ex will have to present the court with a compelling reason why custody should be changed. Jealosy over the time you get to spend with the children is not a compelling reason.
If he has evidence that you are incompetent as the custodial parent, that would a reason that the court may consider. Of course you would be given an opportunity to refute his evidence.
If he serves you with papers you should consult a lawyer.
2006-08-17 03:14:49 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I have been through just about what you are going through now and I must tell you, Once the judge makes his decision, it is very, very hard for the other parent to take custodial rights away from you. He must prove you unfit to care for the children. He must prove all accusations he may make. His word will not be taken without proof! But if you are served with papers, Make sure you get in touch with an attorney and be at the hearing, even if the attorney says you need not be there. Things has a way of coming up that you could stop before it even begins, making the decision quicker and ensuring you and the children lose nothing.
Good Luck
2006-08-17 03:30:40 · answer #2 · answered by Just Me 1 · 0⤊ 0⤋
He cant take the kids unless he proves to the court that your a bad mother which it sounds like your a very good mother. Unfortunatley having kids means having 2 parents usually and it sounds like your ex is bitter. The court is set up that they want parents to share in visitation because they believe it is in the best interest of the children. In my case and all i have seen the courts lean towards the mother having the most time spent with the kids. Dont get mad at your ex, instead say o.k. I will agree to every other weekend and maybe 2 days a week and dont give anymore and then when he sees hes not affecting you he will let up and probably not show up for the visits. Relax the courts on on the moms side.
2006-08-17 03:26:53 · answer #3 · answered by arreis 3 · 0⤊ 0⤋
Your ex would have to prove that you are an unfit parent....from what I've read, that's NOT gonna happen.....so relax hon and let him spout off all he wants. Your kids are where they belong...with you! Funny how they all of a sudden want more after the divorce...I think there a two reasons for this....a) doesnt want to pay child support and b) feels it's the only way to "punish" the ex because he knows you love them so much! Keep a smile on your face knowing that all his squawking wont amount to anything! Best wishes!! :)
2006-08-17 03:47:08 · answer #4 · answered by Joeygirl 4 · 0⤊ 0⤋
With your lawyer start creating a schedual of all three children's activites for the week, month, and even year. Your husband will challenge custody and it is his right to do so. What you have to prove is that he is unfit to do so. Document when he is late or misses pick-ups. Be as detailed as possible. Remember you are going to have to PROVE these statments, saying them alone will not help in court. Later have your lawyer quiz your husband on the children, prove he doesn't even know them or their schedual! Good luck. This may get messy or frustrating but try to remember your kids and stay positive for them. They are counting on you to raise them properly.
2006-08-17 03:29:12 · answer #5 · answered by Mark S 3 · 0⤊ 0⤋
Sounds like your ex is just trying to rattle you. Don't let him get to you. Keep being a good mom and do what's best for you and your kids. If he's jealous of the time you have with your kids then tell him to plan some quality time on his weekends with them. Perhaps he's finally seeing what he's losing? Good luck to you.
2006-08-17 03:17:50 · answer #6 · answered by grannyhuh 3 · 0⤊ 0⤋
He will need to file a petition with the court to change custody. He will have to prove to the judge his reasons for changing his custody agreement since he obviously agreed to what was filed. It sounds to me like he's angry with you and this is one way to push your buttons. I would just wait to see if you receive anything from the courts regarding another hearing. Just remember, everytime he goes to court, it will cost....
2006-08-17 03:24:07 · answer #7 · answered by hummingbird 3 · 0⤊ 0⤋
Get a sturdy lawyer and combat it! those "pay as you go" criminal all and sundry isn't something yet jokes first of all! maximum are regulation pupils doing it for path credit and a few are purely paralegals! Get a sturdy lawyer it relatively is going to likely be actual very well worth the value to have your infants on your life; as properly the undeniable fact that maximum women persons circulate the youngsters or attempt to bypass the youngsters only as a results of fact they are pi$$ed at you and it relatively is the only way they might harm you, the subject they fail to realize is they are hurting the youngsters much extra then they harm you yet as a results of fact they only think of of themselves somewhat of the youngsters like they declare. stable luck
2016-10-02 04:54:49 · answer #8 · answered by ? 4 · 0⤊ 0⤋
Talk to your lawyer but I agree with one of the other answers people who states that he would have to show proof besides jealously... that doesn't cut it. How old are the kids? I know here 12 year olds are allowed saying with whom they would like to go. Good luck to you
2006-08-17 03:22:15 · answer #9 · answered by moonspawnhotmailcom 2 · 0⤊ 0⤋
if you have full custody i cant see a judge over turning that decision only if he has some proof that you are mistreating them or you don't let him get his weekends regularly a judge should over turn the decision but if your good to them you shouldn't have a problem
2006-08-17 03:47:27 · answer #10 · answered by teresa d 4 · 0⤊ 0⤋