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Carrie Anderson Hackett
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  • I need to file a motion for custody change. I have a fiance I live with. Will not being married yet look unstable?

    We're not married yet as fiance is getting financial aid (FAFSA) for college. If get married, my income gets factored in means testing for her aid, she loses eligibility. Don't make enough for her tuition on our own. Motion is because e...

    Carrie’s Answer

    I'm sorry to hear that your son is being bounced around and that his education is being neglected. You certainly have a basis for filing a modification action based on a material change in your son's circumstance (being removed from school). While it is not ideal to have a live-in fiancee, I think that your situation can be explained by your fiancee's school situation. Furthermore, it sounds like your ex-wife's living and working situation and your son's home-schooling situation is much more unstable than your son's life would be if he were living with you and you had final decision-making authority over education. A judge will ultimately base a modification decision on the standard of what is in the best interest of the child. Based on what you have written, I believe you would have a compelling argument that living with you would be in your son's best interest.

    Carrie A. Hackett, Esq.

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