Motion to modify custody


#1

I know I am probably worrying too much about everything with my incessant questions to which you have been most helpful in responding. I am now just wondering if my ex will try to modify custody in the near future and what his chances are of doing that. From what I understand, once a custody order is in place by the judge it is hard to modify it without a compelling reason…is that correct? He has moved into a very expensive home of appr. 4000 sq ft and seems to be trying to persuade my son with material things as my son is talking about his new room, movie room, playroom, and all the things his dad is buying him…and his dad informed me this new home is within a few miles of excellent schools. I have a nice average size home and my son seems very happy here and in fact has told me not to get a different house…we live in a very nice neighborhood with an excellent school within a mile. My ex and I live appr. 2 hr apart and the judge ruled for me to get primary physical custody when my son started school as joint custody would no longer work. My ex has been relentless since the order was made in trying to get me charged with contempt…including hiring private investigator and having my every move watched, recording phone conversations, documenting each and every phone call and email and trying to get me in trouble for not responding or answering each one and bringing this up in court about communication, etc. I have been documenting things myself to be prepared in the future. My main concern is: Would he be able to use his economic status or the ability to provide more for my son as a compelling reason to modify custody…or do judges generally look at a lot more than that? Thanks so much for your time. You have helped me so much!


#2

Your ex would need to demonstrate that a substantial change in circumstances occurred which affect your son’s best interests in order to modify custody. In this case his good fortune in his financial status would not qualify.

I wish you the best.