Ask a Lawyer - Archive


   
How Can I Change Custody?
Lee Borden

Q. 

My son has been divorced since March. He had an attorney and not being a wealthy guy, what he spent was a great deal to him. The attorney really did nothing for him. The ex appeared with no attorney. Long story short, she got primary custody. He is to have them all summer since, while in her custody, the 4 year old son fell off a truck and broke his arm and had to have a pin in it. He was recently put on medication for seizures and headaches which my son and I took to the doctor to find out what was wrong. In her care they have been involved in a car accident, fell off a truck, she has neglected to give him his meds on time. She was to take him to the dentist and that hasn't happened yet. My son's summer custody has only been 2 weeks so far due to their negligence. What can we do to try on get the primary custody? Someone help!

-- Brenda

A. 

Your son is facing a tough challenge, so the first question I would ask him is whether this is something he wants or just something his mother wants. Unless he's personally committed, I would urge him to let it go. If he is committed, he would want to start with the full list of the custody factors the judge will be applying (he can probably find it using a good search engine), and make a sheet for each factor. On that sheet, he should state what he would say and what Mom would say about each factor, and describe or attach any evidence (photos, school records, medical records, testimony, etc.) that he thinks would be relevant. That will give him a good portrait of his chances and will help the lawyer do a better job for him.

-- Lee Borden






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