Motion to Amend Custody


I understand in order to change custody you will have to prove that there has been a substantial change in circumstances which affect the well being of the child since the ruling was made. Sadly, my ex presented non-factual information in a temporary hearing 3 years ago and my attorney did nothing to disprove any part of his affidavit nor put burden of proof on him. Unfortunately, temporarily we had joint legal custody and modified physical custody. We went to mediation about 8 months later a couple of weeks before the trial. I settled on some things but by far was not happy with results. Monetary reasons have prevented further.

However, recently he has shown a pattern of behavior that qualifies as neglect. These are not isolated incidents yet omissions that have extended over time since being awarded primary physical custody of the minor children regarding medical care and psychological care. For instance, the children have been left unattended (3 and 5) where they got out on the second floor roof without his knowledge. Also, failed to get medical attention in a timely manner. And just last weekend, the children came home one morning to find two women in his bed. They were allowed to go into te room and talk to the women. I took my daughter because I did not want her to see this.

I am providing insurance for kids (per order), paying almost co-pays, making medical appts and meeting their medical needs,bringing to dentist, ensuring they see counselor, pay for preschool, trackout camps, dance lessons, sports lessons…because he does not see any necessary or his responsibility. Nothing about custody change about money. Just the point that he likes to say that I only care about myself and do not have their best interests in mind yet I put their needs before mine all of the time without question or second thought.

Do the above things count as a substantial change in circumstances? I have no issues proving any of the above, plus more incidents of being left alone at even a younger age.


In my opinion his lack of proper supervision and careless acts give you good reason to file for a modification.