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-   -   What are grounds to change a shared custody agrement to me having primary custody? (https://www.askmehelpdesk.com/showthread.php?t=585936)

  • Jul 6, 2011, 11:14 AM
    umandah
    What are grounds to change a shared custody agrement to me having primary custody?
    My sons father is teaching my son to lie and that it is OK to give up. Two weeks ago my sons father wasn't watching the boy that was playing with my son. The two boys managed to light a shed on fire and part of the back wall to the trailer they live in. This is one of many incidents that lead me to believe that my son is not being watched properly and he is only four. I am very stressed out that I have to let my son go to his fathers and I'm wondering what are good reasons to make a shared custody agreement into a primary custody agreement Me having primary custody. His father also is caught all the time in lies about his work and stupid things like telling me he had a new truck... me finding out later that his new truck is his mothers. His mother is another thing. My sons grandma takes care of his dad bills, house payments, gas at times, and a bunch of marshals needs. His mother will be leaving state soon to live in another state. This makes me think that my son will not be taken care of after his grandma leaves. I'm not sure what I can do.
  • Jul 6, 2011, 01:59 PM
    twinkiedooter

    You have to convince the judge he is not properly supervising the child. The shed fire is a great start.

    The lying part won't get you anywhere in court. Everyone lies so forget that aspect.

    Wait and speak with your attorney about this as you will have to give the judge some concrete proof of his not taking care of the child such as no food in house or clothing to wear. There will be a hearing where you have your say and he has his say and the judge will decide accordingly. It won't be cheap as the attorney will probably charge you around $1K for his fee so be prepared to cough up the dough ahead of time. If you don't have the money now, then just save up your money and document everything. Skip the lying stuff as that will be thrown out.

    What does your custody arrangement say now about him taking care of child and contributing to his upkeep when with you? Do you get child support payments?
  • Jul 6, 2011, 04:09 PM
    ScottGem

    First, ANY question on law needs to include your general locale as laws vary by area. But really you need to consult a local attorney. A local attorney will know the mood of the local courts and be able to advise what you need to do to convince them the father can't be trusted alone with the child.

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