Can sole physical custody be changed to shared custody?
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Can sole physical custody be changed to shared custody?
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Custodial parent(the mother) was recently been granted sole physical custody even though they already had it, but now it is documented in the courts.The noncustodial parent will have visitation 6 hrs a week.Can the noncustodial have the sole custody changed just because they want to? The parent with the sole physical custody is doing a great job with their child and is very stable financially,mentally and physically.The noncustodial is going through constant financial problems,facing foreclosue,3rd wife,three kids by three different partners and has to pay child support for two of those children and has stated in the past that they would move out of the country because of having to pay child support.The non custodial wants to keep pushing the issue of getting more visitation time when they have only just started seeing the child 1 month ago, but say's it has nothing to do with reducing the child support,the noncustodial also keeps stating that they want shared custody despite the fact that their child is doing well witht the other parent.The child is only two years old and has never lived with this noncustodial parent but the NCP is insisten on taking the child out of the home of the custodial parent for half of the week despite how well this child is doing. So my question again is ,can the NCP change the custody arrangement that is already established just because they want more custody?
Additional Details
Also,the custodial and NCP were never married and never lived together with the child .(Someone mention the background of his current spouse int he responses below).I do know that The wife that he currently has is from another country and noone has any background information on her,.for some reason he could only get her to the U.S by bringing her through Mexico ,which took two years to do.They have an infant now
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sophieb
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they could try, it will take up a lot of court time and money on both yours and his side (as well as researching the past of the individual he's with now), determining income, etc. and it just might occur if the judge approves. Depends on if your former spouse has a strong case or not and may even be set aside till the child is a little older till the child can make a decision. This is a time of poor economy so I suspect no changes will occur for at least a year. |
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Legandivori
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No way Jose! No judge will allow it. |
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Janet W
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Usually once a judge has ordered the custody situation it stays put. The only time it is considered for change is if there is abuse or neglect on the part of the custodial parent. |
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