Q: Seeking full custody and changes to visitation due to ex-wife's unstable situation in Arkansas.
I currently have joint legal custody with my ex-wife, who has visitation every other weekend. She has not been involved in our child's schooling or medical care and hasn't been consistent with visitation for the past year. Additionally, she has not adhered to the court order to pay half of our child's medical expenses. Her live-in boyfriend was recently sent to prison for meth possession, and she is experiencing unstable housing conditions. I suspect she may also be using drugs, although I do not have concrete proof. I want to modify our divorce decree to seek full custody, request child support from her, change her visitation to supervised or at my discretion, and use a parenting app for communication. Given her current situation, what are my chances of successfully modifying custody and visitation arrangements?
A:
If you are concerned about your ex-wife’s ability to provide a stable and safe environment for your child, you do have the option to request a modification of custody and visitation. Courts prioritize the best interests of the child, and your ex-wife’s lack of involvement in important aspects of your child's life, as well as her instability, could be factors in your favor. The fact that her boyfriend is incarcerated and there are concerns about her housing and possible drug use could be raised as concerns for the child’s well-being.
To strengthen your case, it’s helpful to gather evidence showing her lack of compliance with the court order, particularly her failure to contribute to medical expenses and her inconsistency with visitation. If there is any documented evidence of her unstable living situation or involvement with drugs, that could be useful as well. Courts may be more inclined to change custody and visitation if they believe that the current arrangement is not in the best interest of the child.
Your request for supervised visitation or a change in visitation terms could be granted if there is sufficient evidence that your ex-wife’s behavior or environment poses a risk to the child. Using a parenting app for communication is a good idea and can show the court that you are trying to maintain clear and documented communication. However, it’s important to proceed with caution and seek legal advice to ensure you have the strongest possible case for modifying the custody arrangement.
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