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sakuraj

modifying CJ

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I need advice, I currently have joint custody with my ex. I'm DP. NCP consistently violates CJ regarding visitation

And he does not pay court ordered CS. Child support enforcement is after him but he refuses to show up for any hearings. He also has past issues with alcohol. Has always had mental and anger issues, ie, failed psych eval for navy to obtain security clearance. Is unable to hold a job because he is always being fired for his anger problems.

He also has Aspergers which makes it difficult for him to properly care for child. None of which was bought up at our mediation. But due to new circumstances, I would like to get sole custody, what are my chances?

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Maybe you can answer why these psychological issues were

not mentioned during mediation?

 

Did you (or your attorney) bother to submit a written confidential

statement to the mediator concerning these psychologcal

issues? 

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I told my attorney in our consultation along with emails from his mother confirming his mental condition. Prior to mediation both attorneys went in to speak with the mediator and I assumed those issues were being brought to her attention. After the hearing, my attorney told me that based on his psych issues that's why he was granted no overnights. So, now that she is approaching preschool, my ex will not allow her to attend claiming it conflicts with his visitation. I just want her to get a headstart on her education bc that's in her best interest. I am at a loss right now as what to do except to file for a motion to modify CJ. Any thoughts?

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Your ex can claim whatever he wants, but to keep her out of preschool he'll have to provide convincing evidence that her attendance will interfere with his right of reasonable visitation.

 

That said, it's not immediately clear that "preschool" (as opposed to school) will measurably enhance your daughter's education over the long term, or that if it does, it would benefit her more than a close relationship with her father.  I'm just sayin'.

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Hi sakuraj,

 

If you're looking for someone to tell you your odds of winning sole custody, I believe your attorney would be in the best position to do so. He/she is bound to be more familiar with the facts of your specific case, as well as how the family court in your specific area generally approaches the issues of custody modifications and sole custody.

 

If you're unsatisfied with your current attorney, or would like to call around and speak to some other attorneys in your area, please feel free to consult FindLaw's Lawyer Directory.

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