What is the name of your state? CA
My ex-husband is stating that he wants more custody (~20%) of our 10 year old son (and baby on the way) . I was granted sole legal and physical custody of our son ten years ago & he was not a part of his life at all for the fiorst 3 years. He was given visitation of ~10% (1 weekend per month) which he has never maintained on a regular basis for more than 3 months, even to date. His living situation is such that he sleeps on a friend's (and his family) couch & does not even have a room of his own. While I don't object to him spending more time with our son (or our new baby) I believe he should have to prove he can maintain the initial level of visitation for some period of time (12-18 mos?) before being given more legal or physical custody. I believe he is attempting to gain more custody on paper in an attempt to lower the support obligations he will have once our second child is born and modifications are made to the support he has been paying for our 10 year old. (I have never raised his support in these past 10 years) I don't believe he will actually take the extra time. One other factor is that he is in the military (career) & will be (and has expressed desire to) going back to sea within the next 2 years.
Will the judge make him prove he can maintain a level of contact before changing the orders?
My ex-husband is stating that he wants more custody (~20%) of our 10 year old son (and baby on the way) . I was granted sole legal and physical custody of our son ten years ago & he was not a part of his life at all for the fiorst 3 years. He was given visitation of ~10% (1 weekend per month) which he has never maintained on a regular basis for more than 3 months, even to date. His living situation is such that he sleeps on a friend's (and his family) couch & does not even have a room of his own. While I don't object to him spending more time with our son (or our new baby) I believe he should have to prove he can maintain the initial level of visitation for some period of time (12-18 mos?) before being given more legal or physical custody. I believe he is attempting to gain more custody on paper in an attempt to lower the support obligations he will have once our second child is born and modifications are made to the support he has been paying for our 10 year old. (I have never raised his support in these past 10 years) I don't believe he will actually take the extra time. One other factor is that he is in the military (career) & will be (and has expressed desire to) going back to sea within the next 2 years.
Will the judge make him prove he can maintain a level of contact before changing the orders?