Well me and my husband has had primary custody of his daughter for 3 years and today she told my husband that she is moving back with her mom. This all started because of us putting ground rules down over a boy. Now the ground rules have always been the same. Plus everytime she come back de her mom she has a attitude and distances herself from us. Even after she gets off the phone with her mom she has a attitude.
The mother has alway try doing everything to keep us from the kids growing up. My question is if we as the primary caregiver set rules and the mother is disrupting our rules and allowing the child to do whatever will a judge allow the child move in with the other parent or stay here.
Another thing is too the mother owns $2500 I’m arrears and we think she is wanting the child back is so she doesn’t have to pay support nor pay arrears. She in the past when the child wanted to move it toke her 6 months before she would sign custody to my husband and fought us on child support which toke 3 months after we filed to get.
A judge will only modify a custody schedule if there has been a substantial change in circumstances affecting the wellbeing of the minor child and the modification is in the child’s best interest. Each parent not having consistent rules in their respective homes will not be enough, by itself, to warrant a modification in the custody schedule.
Even if the child begins to live primarily with the mother and the mother no longer has to pay child support to the father, she will still owe the arrears to the father.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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