Ex wants physical custody

[Sneaner]

What is the name of your state? CA

My ex-husband and I have joint custody of our 2 children. I, however, have had physical custody of both children for 4 years. I currently live in Colorado (the jurisdiction of this case is CA). I received papers notifying me of his intent to seek a modification of custody and visitation 7 days before I have to be in court in CA. His claim is that my children (ages 9 & 8) are doing poorly in school and would receive better grades if they lived with him. The worst grade my children have ever received were D's and that was only 3 times total for both of them combined. Also that because I have moved once with the children in 4 years that this has caused them to become unstable. Can he do this??? Is he really going to be able to take my children from me?

 

[Bre's_mom]

He can do anything he wants, it does not mean he will get it, but have you considered joint custody? My hubby and I have it and the mom lives out of state, and it works out great, my opinion is that joint custody (physical) is the best!!!

 

[Sneaner]

Reply

Yes, we have joint custody. I have physical custody during the school year and he gets visitation 3 months during the summer, 2 weeks in the fall, and 2 weeks in the spring. Now he wants the children to live with him during the school year and visit me during the summer, 2 weeks in the spring, and 2 weeks in the fall.

 

[Bre's_mom]

Would you go for the phsical joint with him, he'd probebly go for it, we do one year here and one year over with bio mom, actually today is my step sons last day, his mom will be here shortly. My step son love its also... just a thought.:

 

[stealth2]

A lots gonna depend

When they got those D's. Right after the two of you split? Or this past year..... Honestly - if he takes it to court and you say "the worst they got was 3 D's" .... it may not be pretty.

 

[TNBSMommy]

To my understanding, there would need to be a change of circumstances in order for him to be able to successfully take custody from you.... or he would need to prove you abuse or neglect them. Which, I have to say, 3 total D's on a combined 2 report cards for 2 people, probably isn't going to constitute abuse or neglect nor a change in circumstances. However, just a word of caution, don't waltz into the courthouse saying "the worst they ever got was 3 D's". When it is brought up, calmly explain the situation surrounding them.
Good luck, hope everything works out for you!