Change of custody?


#1

My ex and I currently have legal joint custody. Since Christmas, he has seen her twice, she spent the night both times because I have dropped her off and picked her up and he hardly ever calls her. Last year, I dropped her off and picked her up. I moved to York, SC from Belmont, NC in August when I was layed off. I continued to drive to and from since he doesn’t have a car. I told him in December that I will not make the hour drive to and from and we can either meet half way or I’ll drop her off to him and he’ll return her, come the new year. Well, none of that has happened and I refuse to drive 2 hours a day for him if he is not willing to compromise, hence the 2 times since Christmas. Of course I have cell phone records and people the verify that I have her all the time.

Is it possible for me to get custody changed to me having primary or sole custody? The man doesn’t even know where her daycare is, nor does he care, his words exactly when I gave him the paperwork of her new daycare “You know I’m not going to look at it.” Kindergarten starts soon and he hasn’t even asked where she’s going to be going. He does not care. If he did he would find some way to compromise. Do I have any other legal rights to get custody changed just to get him out so her life is not filled with disappointment as it is now? Do I need to know anything else since I am in SC now and original paperwork was done in NC?


#2

NC still has jurisdiction over the case. In order to change custody to the point where the other parent is out of the child’s life, the other parent must have be a danger to the child, and even then a complete denial of visitation is rare.
You could make a motion to change custody based on your move, and seek that the court order your ex to cooperate with transportation, however this could be risky since you are the one who moved.