Q: Ex is trying to get custody of now 14 year old daughter because of her grades. What are the chances?
He had been absent from her life for over 8 years due to him moving out of state multiple times. Is a recovering meth addict, sober almost a year. Has been involved for a year, seeing her in weekends. I am trying to get her put back on an iep to improve her grades... Also he has an unstable living environment, moved in with gf after knowing for 3 months
A: If the issue is only the child's grades and you are effectively working on obtaining a new IEP then it does not appear that there is a basis for custodial change. If you were not working on the new IEP he would have a potential case for Modification of custody. It does sound like he may want more time with the child and if he is sober the Court would entertain her wishes with regard to increased visitation, however. Sometimes there is a "try it out" period to see how the child does with increased visitation and if the child is doing well then the increased time can be made a more permanent schedule.
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