Q: Can the courts decides that two sibilings can be without each other because of the age differance?
I went to mediation before our hearing and the mediator asked hiw old the boys were I said one is 8 and the other is 1. He said there was a significant amount of years between them that there was no bond. I laughed at him and said they do have a bond. These boys have been togethwr since the little one came into the world. I would like for my boys to grow up with each other. But my older son is with father because he has custody of him while ibhave the youngest of whom i have physical custody of. Curre fly there father had to move in with hus sister sue tonthe fact of not being able to afford rent and bills. His bills haddnt been paid in months and they electricity got ahut off and so didnthe water. Resulting in him having to move. How can I show the jusdge as well that my oldest should not be in his care because of his neglagents of paying bills as well my oldest has to repeat 2nd grade and i feel he neglect our sons education. Granted he is doing better this year. I feel that since th
A:
The pure mechanics of getting the custody issue back before the courts, are that you would have to file a Request for Order FL-300 asking for a modification of the current child custody order. There will have to be a clear demonstration, by initial declaration, of what has changed since the court made the current orders.
There are a lot of facts missing from your explanation as to the basis for the current Order and I am sure that the children's age difference was not the reason they were split up; there is obviously something the court heard other than that that led to the present Order. You would do well to specifically address those issues that resulted in the present situation. Make sure that you include those in your initial declaration along with all the issues that lead you to believe he is no longer the proper parent to have custody.
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