You may submit this matter to the bar for fee dispute resolution.
Hello,
I am trying to figure out what “change in circumstances” means concerning child custody. I am trying to get more time with my children. I only get 4 days a month with my children. Can you give me some examples?
If I can’t get more time with my children, I have been thinking about moving about 3 hours away from my children. Is this enough to bring child custody back in front of a judge? My 14 year old son has given some indication that he would rather live with me. My 6 year old son says that when he gets out of school, he is going to move into my house because I’m fun.
Why isn’t being with their father in the “best interest” of my children? Why isn’t that enough? Lawyers and judges do NOT know what the best interest is for an individual child. In my case, there were no counselors, psychologists, or psychiatrists involved. My children were never interviewed by a unbiased third party to find out what the best interest was. The only evidence, the judge heard to base his decision on, was the lies my ex-wife told underoath. Absolutely no evidence on my behalf was presented. My incompetent attorney has since been terminated.
A change is circumstances is some change which affects the child’s welfare, one parent becomes incapable of caring for the children, becomes incapacitated, addicted to drugs, in other words, something big. A move will sometimes qualify, but your decision to move away to attempt to change custody will most assuredly backfire, and you may even end up with less time.
I’m not moving to try to get a change in custody. But since I have to pay over half of my take-home pay to child support and because I was awarded all of the marital debt (thanks to my incompetent lawyer), I can not live here on my own. I have been working two jobs so I can pay my mortgage. This has been killing me. When I am off, I am too tired to do house or yard work. I am sick of the constant headache because I am so tired. My ex still hasn’t signed the house over to me so I can sell it but my new attorney is working on this. I have no family or friends where I am currently living. I need to move where I can get some support from family or friends. I am aware that I may lose time with my children but that may be a necessary evil to prevent emotional and physical detriment to my health. I can not live in my present situation much longer.
If anyone knows how to pay out more than they make, I would gladly like to hear from them. I have also been considering bankruptcy.
Remember this is all in the “best interest” of my children.