My question involves a child custody case from the State of: MN
My ex and I have one 10 year old child together. On paper, we currently share joint legal and physical custody. Our divorce was finalized about 9 years ago and a couple years later the placement schedule was slightly modified to include some clarifications and restrictions, including neither parent having more than 2 alcoholic beverages with the child present. I had this written in b/c the ex had drinking issues and I was willing to put the same rules on myself so it would be signed and theoretically keep our child safe.
Since that time the ex repeatedly violated the court order and was picked up for a DUI. They also moved to a different residence every year and often co-habitated with new partners or roommates, sometimes violating terms in our agreement that I was to be given a certain amount of notice and the other person's name and DOB in advance to do a background check, which had to be specified in agreement b/c of ex's habit of bringing bad roommates in and out of the living situation with our child.
Throughout all of that I would be upset but didn't pursue changes to custody or placement b/c our child was handling things reasonably well and I was reluctant to make waves or come between them in any way. Then the 2nd DUI happened a few months ago, and THIS time the ex had our child and another minor in the vehicle at the time. Ex didn't have to serve jail time but was sentenced to a short period of 'house arrest' with ability to have our child every other weekend. That, plus the fact that the ex is now being uncooperative about what are supposed to be joint parenting decisions AND they moved almost an hour away, is making me think it's time to file for modification of custody and/or placement.
Our child already goes to school in the district where I live and I've been the primary caregiver in many respects. Does this seem to be a reasonable case for requesting modification of custody and/or placement? I'm thinking about asking for sole legal custody, with joint physical custody but placement revised from almost 50/50 to now having our child stay with me during the week and every other weekend, with the ex having opposite weekends.
My ex and I have one 10 year old child together. On paper, we currently share joint legal and physical custody. Our divorce was finalized about 9 years ago and a couple years later the placement schedule was slightly modified to include some clarifications and restrictions, including neither parent having more than 2 alcoholic beverages with the child present. I had this written in b/c the ex had drinking issues and I was willing to put the same rules on myself so it would be signed and theoretically keep our child safe.
Since that time the ex repeatedly violated the court order and was picked up for a DUI. They also moved to a different residence every year and often co-habitated with new partners or roommates, sometimes violating terms in our agreement that I was to be given a certain amount of notice and the other person's name and DOB in advance to do a background check, which had to be specified in agreement b/c of ex's habit of bringing bad roommates in and out of the living situation with our child.
Throughout all of that I would be upset but didn't pursue changes to custody or placement b/c our child was handling things reasonably well and I was reluctant to make waves or come between them in any way. Then the 2nd DUI happened a few months ago, and THIS time the ex had our child and another minor in the vehicle at the time. Ex didn't have to serve jail time but was sentenced to a short period of 'house arrest' with ability to have our child every other weekend. That, plus the fact that the ex is now being uncooperative about what are supposed to be joint parenting decisions AND they moved almost an hour away, is making me think it's time to file for modification of custody and/or placement.
Our child already goes to school in the district where I live and I've been the primary caregiver in many respects. Does this seem to be a reasonable case for requesting modification of custody and/or placement? I'm thinking about asking for sole legal custody, with joint physical custody but placement revised from almost 50/50 to now having our child stay with me during the week and every other weekend, with the ex having opposite weekends.
Modification of Custody: a Case for Modification of Custody And/or Placement
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