Q: What are my options? HELP
Me and my ex-husband divorced over 7 years ago. When the divorce was finalized I was working a government job on 3rd shift out of town. We have a son together who was 2 at the time. The judge told us that we were being granted joint legal custody. He also stated that wherever the child laid his head at night, that parent would receive primary physical custody (DaD). For 7 years we have went by a 50/50 split week to week schedule. Our divorce was handled in Georgia and I filed the paper work to domesticate the case to the county that we both currently live in (AL). Any time the ex gets mad and doesn't get his way he threatens to go by the paper work and he is sending a sheriff to get my son. he now states he wants to go by papers. Not a good schedule for my son. What grounds do I have to not let this happen considering I have filed the change of custody papers already? The papers state 3:30-7:30 with mom every day and every other weekend.
A: It sounds like it is time to go back to court. The Order you are operating under was entered at a specific time when the circumstances of both the parties and the child were tremendously different. You can go back to court to modify child support, custody and visitation any time there is a substantial change in circumstances. The child's routine, what the child is used to, is of great importance. Suddenly ripping him from regular contact with you and switching to a more "standard" noncustodial visitation pattern is not in his best interest. You should file seeking to modify the GA Order.
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