Custody pursuit


#1

Hello,
I need advice if I should pursue full custody of my 4 yr old daughter. My ex, whom I was not married to, has a new baby on the way with his girl friend. First of all, my ex lies a lot, it was even proven in our mediation of our initial custody agreement. He is untrustworthy and very irresponsible. His girlfriend is maybe more irresponsible as she is manipulative, controlling, and plain crazy. She once stood outside my house screaming cuss words and telling me to come out because she was mad. She gets in the middle of me and my ex with things concerning my daughter. This is my ex’s third child with a third woman, who also has a son of her own who doesn’t even like my ex. My ex and his girl friend fight, break-up, and get back together all the time. I heard them fighting before, cussing at each other in from of my daughter! I think enough is enough and would like to pursue full custody of my daughter. Is this the right thing to do?


#2

My first question would be, why don’t you have custody now? What has changed substantially in your daughter’s life since custody has been with her dad?


#3

We have joint custody, I have the primary though. I just think it’s time to go further and probably get the decision rights fully since he is obviously incapable of deciding what’s right for our daughter.


#4

In order to change custody you must demonstrate that there has been a substantial change in circumstances which affects the well being of your child. If your ex’s girlfriend entered the picture after the last Order went into affect this could be a substantial change.

Most judges will not bar a parent from having visitation with their child unless they are a danger to the child, or the environment they provide is unsafe. Seeking a modification that bars your ex from having your daughter around his girlfriend may be a good solution.