Disability/Child Support/Custody


#1

I have 3 children. 2 from my ex. I have a disability that I’ve had for 4 years. When my ex and I divorced, my disability was brought up during our case and I still was awarded custody. I have worked in the past but for the last year have stayed at home with my 3 year old and due to my condition, my doctor has told me to keep doing what I’m doing (ie stay at home) so I have opportunities to rest. I am a fantastic mother to all 3 of my children. I go to all school functions, sports functions, doctors appointments and am very involved in their lives. Due to child support and me contemplating for filing for social security, my ex has decided to re open our custody case stating that if I get social security, then the custody needs to change. To me, this is discrimination under the 2009 Americans with Disabilities Act because I have been proven a good and fit mother and nothing has changed. Is this something I should worry about with losing custody? My ex is involved to some extent. He rarely shows up to doctors appointments (we have them 2x per month for one of ours), has forgotten them at school, brings them to school late, my kids constantly don’t do their homework with him on the weekends that he has them. To me, I’ve had this condition for so long that it seems almost wrong for them to bring it up now just because I may file for social security and because I am not working. Is this right??


#2

In order for him to revisit child custody, he will have to file a motion to modify and will have to allege that there has been a substantial change in circumstances and the change has to adversely impact the children. If nothing about your condition has changed, and nothing has changed that has adversely impacted the kids, it doesn’t sound like he will be very successful with his motion. Obviously, if he files a motion, you should consult with an attorney to discuss your case in detail and decide how to proceed.


#3

Ok,
I’ve had the condition for 5 years. It goes up and down. Sometimes it’s bad and sometimes it’s not. It was the worst about 2 years ago and was never questioned. I was even put on bed rest, yet never questioned. If this is something that a motion is filed is that a complaint I would want to go on? The only thing that has changed is one of my childs grades which is not on me. My child entered into middle school and it was his first quarter. I’ve maintained good rapport with all the teachers and have done my very best to assist with grades but it is ultimately my child that is not turning in the work. Obviously I can’t go to school and force the child…but it was something my ex utilized as a reason and stating it was my condition which couldn’t be further from the truth. My concern is I was awarded primary custody and my ex tried to state I was unsafe due to my medical condition last time and the judge still awarded primary custody to me…but he shut the opposing side down when they were trying to use that as an excuse and never dug into my condition very much. Is just a few bad grades (which have nothing to do with me as I have helped and helped and helped) cause for a motion to modify??


#4

If something has changed, which causes a child’s grades to drop, that may be sufficient for filing a motion to modify child custody. If it really is only a few bad grades and there is nothing you have done to cause the problem, it doesn’t sound like he will be successful with his motion. With things like this, the judge will look at the whole living situation to make a decision about what is in the best interests of the children.