How can I get joint or full physical custody?

[ROCKACHAW]

My wife and I divorced 5 years ago. We actually separated a year before the papers were signed as it took that long to get divorced b/c the papers were sent back and forth with revisions. I gave in & signed which gave her full phys custody of our daughter with us sharing joint legal. I had my daughter every Fri-Sun even though I live 5 hrs away.. In Aug.,she called and said she was having problems with her 4th husband (things were "unstable") and felt it was best that our 6 yr old come live with me. I was all for it, I enrolled her in school, and we have est. a stable life. In my opinion, she is still unstable but has mentioned to others that at the end of summer, she is taking our daughter back..5 hrs away. What can I do? How hard is it for me to get full or joint physical custody?

 

[army judge]

File a petition with the court for custody.

You have a compelling story to tell, based upon the past school year.

Do this ASAP.

You never know what is possible until you try.

What you desire is very possible, but starts with the court.

Git 'er done!

 

[ROCKACHAW]

thanks..I am gathering info

Thanks army judge,
The internet comes in handy when doing research. I just found some key information:
There has to be proof for filing for a modification, one being a "substantial change of circumstances". Under such justification, one of the qualifying circumstance is:
The parent or custodian with custody under the current Parenting Plan has let the child live with the other parent for a substantial period of time;
I believe this is my ticket!!!

 

[army judge]

Thanks army judge,
The internet comes in handy when doing research. I just found some key information:
There has to be proof for filing for a modification, one being a "substantial change of circumstances". Under such justification, one of the qualifying circumstance is:
The parent or custodian with custody under the current Parenting Plan has let the child live with the other parent for a substantial period of time;
I believe this is my ticket!!!

That is part of it.

The other part is the frequent instabilities in her life.

Her inability to provide a safe, stable, and nurturing home environment is another big part.

If she left the child with you because she had cancer, is a far cry from the reasons she uses.

You've got a compelling story.

Tell it to the court and keep doing what's right for that little girl!