Q: I'm wanting to regain physical custody of my 4 year old daughter who currently is living with her father.
1 1/2 years ago I was using illegal drugs and because of my decisions my daughters father requested and was granted an emergency temporary custody order thru the courts. 1 Month after the request he agreed to joint custody and him having physical custody with me having her Friday thru Monday. Since then Ive been clean and sober and able to provide a safe and healthy environment for my daughter. These past couple months my daughter has been extremely emotional going back to her dads and has questioned me as to why she can't live with me and tells myself and her father how she misses being with me while at her father's and wants to stay with me. Im wanting to regain physical custody of my daughter but am afraid a judge will deny my request due to the length of period her father has had physical custody and myself personally not having a job disregarding the fact of my boyfriend having a full time job and provides for myself and daughter. What are your thoughts and advice for my situation
A: First, you should try to informally increase your parenting time by agreement. If he won't agree to increase your parenting time, then you might propose that your daughter see a therapist to help her with her extreme reactions. Because you have joint legal custody, most therapists will require both parents to consent to the treatment. If father refuses to have the child see a therapist, then you can file a motion to modify and to require therapy. Even after you have filed a motion with the court, you should still continue trying to reach agreement with your child's father. You are her parents and it will provide reassurance to her if she sees that you and her father agree on her schedule and well being.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
