Star, ID asked in Child Custody and Civil Rights for Idaho

Q: Will taking my ex to court for full while he is away make me look bad?

My ex husband and I have been divorced for over 4 years. But the metal and verbal abused has been still going strong. He has a new girlfriend in the picture and lately he has been trying to give her power of attorney over our kids because he doesn't want me to have them. Even though his being nice and civil now. Who knows how long that will last. He left the state for work and his only home 1 week out of the month where I have the kids 100 percent of the time. I am wanting to take him to court for full custody. But I feel like all the text messages and the paper work to show how he has been hurting both the kids and has choice not to be there. I am worried that court wont look at the text messages.

verbal text messages. as well threats on top of threats

letters from my sons 1,2,3 grade teachers.

testing from his doctor, counselor as well brain balance

as well the behavior program he was on last year for 3rd grade.

Would I end up losing my kids in all of this?

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1 Lawyer Answer

Kevin M Rogers

Answered
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: In order to get full custody, or any change in previous orders for custody you must show the Court that since the time of the last order there have been changes in you, in the father, in the amount of time each spends with the children, violence etc. and those changes in circumstances have to be significant and ongoing. It won't look bad if you file while he's away, you just might want to wait till he comes back so you can serve him though. You could file while he's away but the court won't act on anything you say, until you prove that the father has been served a copy of your papers.

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