Grounds to change from joint to sole custody


#1

My child’s father has been slowly abandoning his own visitations with our child. Last year he went from July to Mid November without taking advantage of his rights. This year he has only used 1/3 of his time and has now been absent since June. He has never taken part in doctors visits or daycare activities that involve the family. As a matter of fact in May of this year I was forced to get an order specifying that he speak respectfully to childcare workers and have use of the Our Family Wizard site. He asked that the pick up time be extended 4 hours. Which a month later he claimed he couldn’t follow. It has now been he just does not show up or use the site to speak about our child.

Again from birth in 2010 till now he has never taken advantage of doctors or decision making for our child every time I would involve him I would be attacked and would have to make a decision without his input. Our child had 2 surgeries within a year of each other and he came to neither or asked about him after, the last surgery I had called telling him that our child was having an asthma attack will under anesthesia. He never returned the call.

Basically the only involvement he has had is the basic visitation which in the last 2 years he has disappeared for months at a time and never takes advantage of vacation times.

Would I have a decent chance changing from joint legal to sole custody? And changing the visits to stabalize things since I only have from 12 pm on friday to find a sitter for my working n saturdays when he doesn’t show or notify me?


#2

Under normal circumstances, I would think the situation would be sufficient to file a motion to modify child custody. My concern is that I don’t know that you would be able to qualify as a substantial change since you were just in court in May, and it sounds like his behavior is consistent with before the court hearing.

Obtaining sole legal custody is very difficult to do and it is very uncommon if a parent has any visitation. Having to get sitter when he doesn’t show for visitation should be a consideration by the judge.