Q: I am a dad trying to change from Joint Legal/Primary Physical to SOLE custody?
We have joint legal custody and I have primary physical custody and I would like to go back to court to have this changed to me having SOLE custody. She is supposed to have our daughter every 1st and 3rd weekend but sometimes won’t show or call. Our daughter is 9 and we got divorced when she was 2 and this has been the situation ever since then. I took her to court for child support 4 years ago but she was at the time pregnant, therefore the judge would not agree to her paying any amount child support.
Without going into the details how likely would it be for me to gain sole custody and what would I need to prove that is in the best interest of my daughter (it is, just trust me)?
If sole custody is not granted, could I file for child support? What are some of the laws in Alabama that would rule that her mother would not have to pay child support (ie: the judge not awarding child support while she was pregnant)?
Thank you in advance.
A: You can petition the Court to modify custody, but you must carry the McClendon Standard to show that the mother should not see her child. You can certainly go back to court and ask for child support. You will get that, unless she is disabled.
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