Custody papers currently in affect, want to change them?

Question

Do we have to have a specific reason to modify current custody papers other than would like to be with the child more. Do we have to prove that she is not a good mother? Trying to get other opinions than the lawyer we spoke with hoping maybe someone that has had this situation knows some loop holes.

Our attorney said that we have to prove our house more fit in order to get joint physical custody in georgia. The mother is very selfish only offers child up when convient for her and that seems to be every weekend. We want one week and her have one week. If possible we didn't want to start a war with the mother because it would only make it harder, but we needed a little help to persuade her. She is scared of loosing child support.

Answer 1

An attorney can explain the specific criteria for a change/modification of custody in your state.

There really aren't any "loop holes" and you should listen to what an attorney tells you. You should always feel free to contact another attorney for a different perspective. A consulation appointment is usually inexpensive (compared to their hourly rate) and worth the money. I'll warn you, in my opinion custody battles are VERY EXPENSIVE -- that's why they are called battles. They can be thousands and thousands of dollars and involve many expert witnesses, evaluations, and other out-of-pocket expenses.

Being a "Good Mother" is probably not an issue unless she has put the child/children in danger. Your opinion of a good mother may be drastically different than hers - but she has the right to raise her child as she sees fit (as long as the child is not in physical or mental danger of course...)

Can you work out an agreement with the custodial parent? That is so much better for EVERYONE involved, including the children....Any agreement should probably be put in writing and prsented to the court for approval (hence the need for an attorney again). A court approved agreement helps to protect everyone.

You need to act timely to protect your rights.

GOOD LUCK.

Answer 2

I don' t know what the attorney advised you and why. Child custody cases are always costly and time consuming. If you just want to increase visitations with the minor child, I don't know why a motion to amend final divorce decreed in regards to visitation of minor child can not be filed. Perhaps consulting with another attorney may be the best solution here. Without knowing the state you live in and without being privileged to all the details of your case it is hard to say. I can not advise you on law, but I do strongly suggest you get another attorney and try to make it clear that you do not seek custody, but simply more visitation with the minor child. That is how I am interpreting what you are saying.

Further, if you truly want to get custody of the child then you do have a long road a head of you and there are no loop holes in the law when it comes to minors.

Good Luck and Take Care

Answer 3

If you just want more time with the child and your ex agrees or is willing to discuss it, request mediation. It is very hard to prove a mother unfit. If she provides food and shelter that's about all that's required unfortunately. You can get an attorney and file for a change, but you will have to go to court and it will be up to a judge if any change is made.

Answer 4

There are not loopholes when it comes to custody. All you can do is put in a petition to modify and try to convince the judge to rule in your favor. If all you want is more time with the child, why do you want to prove the mother unfit? Especially if she is not. That is not fair to the child. Proving someone an unfit parent is not as easy as it sounds.

Answer 5

You have to prove that the mother is unfit in order to take the child out of the home. Try mediation- it doesn't cost anything.

Answer 6

A JUDGE HAS TO MAKE THE NEW ORDER AND BOTH PARTIES HAVE TO AGREE! MODIFICATIONS ARE HARD TO GET UNLESS YOU CAN PROVE THAT IT WILL BENIFIT THE CHILD! DON'T QUIT TRYING!