My jurisdiction is: Georgia
DH and ex have 50/50 of 9 yo son. Son has lived with DH 95% of time since October 2008 with ex's blessings (via email). Son's request and situations at ex's home precluded this change. Has lived with DH more than the alloted 50/50 since 2003 (average of 54%).
DH has ongoing email correspondence with ex regarding changing custody. Only concern ex expressed (email again) is that she couldn't afford child support; nothing mentioned about not agreeing to custody change or fact that custody would be defined as "liberal as agreed between parties", and no longer the original 50/50. DH had attorney draw up paperwork (ex knew this was happening). DH was advised by attorney that judge would not sign off on $0 child support so included in paperwork. On 02/23/09 ex signed for custody mod paperwork and then went ballistic when she saw child support listed. Ex immediately called DH and said said that all bets were off and she was going back to 50/50 and she was picking child up NOW.
Since 02/23/09:
She has stopped child from attending events with DH on her scheduled days that child has attended for past 6 years with her blessing, as long as DH provided transportation.
She has been asking child questions that he doesn't want to answer, so answers as the typical 9 yo that doesn't want to be caught in the middle, "I don't care," or "I guess". Then turns the answers against DH. She also has emailed DH with admission to this.
She has badgered child to tell her discussions he's had with school counselor even after 9yo told her they were private conversations. Child is now afraid to talk to counselor for fear of mom finding out.
She has suddenly become the family mom again. Attending church again for the first time in 2 months, at a church she's only been attending since September.
Oh yeah, found out this week through a third party that she's pregnant with her 5th child; 3rd with current husband. She's furious that we know. She still hasn't told 9 yo.
DH has 10+ letters of testimony from friends, baseball coaches, church members, pastor, former school counselor and teachers about his relationship with son.
DH is very depressed right now that his chances of getting a modification for change is zilch since ex won't now agree. Disregarding the other things, shouldn't he have a stronger chance considering the majority time son has been living with him?
DH and ex have 50/50 of 9 yo son. Son has lived with DH 95% of time since October 2008 with ex's blessings (via email). Son's request and situations at ex's home precluded this change. Has lived with DH more than the alloted 50/50 since 2003 (average of 54%).
DH has ongoing email correspondence with ex regarding changing custody. Only concern ex expressed (email again) is that she couldn't afford child support; nothing mentioned about not agreeing to custody change or fact that custody would be defined as "liberal as agreed between parties", and no longer the original 50/50. DH had attorney draw up paperwork (ex knew this was happening). DH was advised by attorney that judge would not sign off on $0 child support so included in paperwork. On 02/23/09 ex signed for custody mod paperwork and then went ballistic when she saw child support listed. Ex immediately called DH and said said that all bets were off and she was going back to 50/50 and she was picking child up NOW.
Since 02/23/09:
She has stopped child from attending events with DH on her scheduled days that child has attended for past 6 years with her blessing, as long as DH provided transportation.
She has been asking child questions that he doesn't want to answer, so answers as the typical 9 yo that doesn't want to be caught in the middle, "I don't care," or "I guess". Then turns the answers against DH. She also has emailed DH with admission to this.
She has badgered child to tell her discussions he's had with school counselor even after 9yo told her they were private conversations. Child is now afraid to talk to counselor for fear of mom finding out.
She has suddenly become the family mom again. Attending church again for the first time in 2 months, at a church she's only been attending since September.
Oh yeah, found out this week through a third party that she's pregnant with her 5th child; 3rd with current husband. She's furious that we know. She still hasn't told 9 yo.
DH has 10+ letters of testimony from friends, baseball coaches, church members, pastor, former school counselor and teachers about his relationship with son.
DH is very depressed right now that his chances of getting a modification for change is zilch since ex won't now agree. Disregarding the other things, shouldn't he have a stronger chance considering the majority time son has been living with him?
