Hi,
Children father and I have shared custody. Yet, children father does not follow custody orders (temporary custody agreement). I only communicate with him via email. Therefore, I have all the evidence to show that, during his parenting weeks he leaves children with me and goes on vacation with his current wife. I explained everything to my attorney and it seems like my attorney is not understanding me. I want full custody of the children due the facts, he is not responsible father and not reliable. My attorney thinks I am trying to punish kids father for not following the rules instead of understanding, what I have been dealing with for almost three years. Any advice?
Thank you
If the father has court ordered custodial time and is routinely not exercising it, then you can use the evidence of all of those times at a permanent custody hearing to create a picture for the judge that the father is not capable of handling his custodial time, isn’t interested in handling his custodial time, not showing he wants to exercise his constitutional rights as a parent with his children, etc.
There’s no guarantee that this will result in you having primary or sole physical custody, but it helps strengthen your argument.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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