My ex husband and I have 50/50 custody of our son, who is 10. I am engaged to be married to a man who has two children (11 and 14) and my son has bonded with them and their dad to the point where he feels like part of a real family now and cries when it’s time to go back to his dad’s house. I know he loves his dad and his dad needs to be in his life, but the environment at his dad’s house is less than warm and fuzzy and not especially nurturing. What is the process for filing to have our separation agreement changed to give me primary custody?
I think you’ll have to file a motion to modify custody. However, changing custody is very difficult unless there is abuse/neglect/drugs present.
You will have to file a motion to modify custody. It will be your responsibility to show a substantial change in circumstance in order for it to be granted. Even with a substantial change in circumstance it also has to be in the best interest of the minor child.
I’m not sure if you’re reasoning would be substantial enough to warrant a change–but I’m not an attorney.
If custody is detailed in a separation agreement that has not been incorporated into a divorce judgment and is not in any other court order, you should file a complaint for custody. If it is a part of an order, you need to file a motion to modify which requires alleging a substantial change in circumstances. The degree of difficulty depends on the facts of each individual case.