Q: Question about child custody.
My husband was given custody of his three kids when he divorced his ex-wife, she had the every-other-weekend, Saturday and Sunday, 2-6pm. Over the past year or so she has started being back in the kid's lives, and it has slowly gone back to basically 50/50 visitation, at my husband's discretion, and it's been working very well for everyone. We heard through the grapevine that she told someone she is going to bring him back to court for FULL custody. Does she have a chance of taking them? Should we not be letting her have them 50/50 and can she can use it against us later?
A: Courts do not generally change custody unless it is in the best interest of the children. If there is no reason to change the current situation, then the court will not likely do so. However, the courts do expect parents to work together and most orders include language such as, "or as the parties agree" to cover when parties choose to work together outside the current order.
You can contact a local family law attorney to discuss the situation further. If the attorney knows all of the facts, he/she will be able to give you more specific advice.
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.