Q: Joint custody/decision making to full after non-cust parent doesn't see child for 8 years? They are current on support.
How successful would I be in changing a joint decision making order from 8 years ago to a sole decision making, sole physical custody order when the father moved out of state and refuses to disclose phone number or address? He moved 3 months after initial court order. This was 8 years ago and child is 9 with special needs. He is current on support but has had zero contact with me or child. He is also always late paying by 2-3 weeks on support, so not sure if I can have his out of state wages garnished so I can count in his payments rather than worry this is the month they will stop coming. I cannot afford another $15k in court and lawyer fees to change this but worry about him trying to come back around some random day and confuse her or block me from traveling (not moving) out of the country by not allowing me to get a passport. I already have to make all decisions, so I feel it should be obvious. Could he win a counter and take her to his state?
A: If he has had nothing to do with child, refuses to provide phone number, address, or way to communicate, it seems that you would have a good shot at modifying decision-making to sole. Additionally, parenting time could also be modified. Not sure what you mean by "take her to his state" other than tied into parenting time. Until a child turns 18, the court always has jurisdiction to modify and he could take a shot at getting time reestablished. You should consult with a family law attorney to discuss your case in specifics.
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