The Child Family Investigator returned the report recommending that the current Parenting Plan be changed and I be given primary custody. How often to Judges/Magestrates rule against the CFI roport?
I am challenging the current Parenting Plan with statute 14-10-129 (2)(d). Below is the summary from the CFI. Will it stand up in court (opinions)??
I did not find that the children's environment with their mother had substantially changed. The allegations that the mother's abuse of alcohol endangered the children and that their physical health and emotional development were being adversely affected was not a new occurrence. Information that I received from the children, from family friends and from legal records would seem to indicate that alcohol abuse by the mother has been an ongoing problem. It's my perception that what has changed is how the children are relating to their mother's illness. The daughter is no longer willing to be her mother's caretaker and she has expressed a desire to live in an environment where the unknowns of what she will encounter when she returns home have been removed. There is also a question as to whether or not the mother's choice of companions presents a danger to the children.
My recommendation is that the current parenting time plan is modified and that the daughter and the son are placed in the primary care of their father (me). I believe the children's best interests would be served by making this change. In the Case Analysis section of this report is my reasoning for making this recommendation.
Big thanks for your thoughts and opinions.
Kind Regards and Happy Thanksgiving All.
I am challenging the current Parenting Plan with statute 14-10-129 (2)(d). Below is the summary from the CFI. Will it stand up in court (opinions)??
I did not find that the children's environment with their mother had substantially changed. The allegations that the mother's abuse of alcohol endangered the children and that their physical health and emotional development were being adversely affected was not a new occurrence. Information that I received from the children, from family friends and from legal records would seem to indicate that alcohol abuse by the mother has been an ongoing problem. It's my perception that what has changed is how the children are relating to their mother's illness. The daughter is no longer willing to be her mother's caretaker and she has expressed a desire to live in an environment where the unknowns of what she will encounter when she returns home have been removed. There is also a question as to whether or not the mother's choice of companions presents a danger to the children.
My recommendation is that the current parenting time plan is modified and that the daughter and the son are placed in the primary care of their father (me). I believe the children's best interests would be served by making this change. In the Case Analysis section of this report is my reasoning for making this recommendation.
Big thanks for your thoughts and opinions.
Kind Regards and Happy Thanksgiving All.
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