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What are the criteria for changing custody and best interest of the child? Is custody changed if the child is in a stable home?
Seattle, WA
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Posted 7 months ago in Child Custody
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I divorced my abusive, alcoholic husband three years ago and was awarded sole physical custody of my daughter. My ex has complied with court orders to maintain alcohol treatment. He is sober, but still has anger and control issues (I save his emails). Suddenly, he wants sole physical custody. My ADHD daughter's grades went from D's & F's to A's & B's while living with me and seems happy. She is in a safe, stable home. He claims she told him she wants to live with him part of the time, but she has not told me this. He says he will get custody regardless because she is old enough to tell a judge what she wants. I worry his anger issues have not changed and will effect her in the future. He told my daughter he will stop her ADHD medication because he does not believe ADHD exists.
Answers (2)
Carolyn Annette Elsey
This attorney is licensed in Washington.
Posted 7 months ago.
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For your ex to modify the parenting plan he has to make a showing that there has been a substantial change in circumstances for the child or for you (NOT him) and that the benefit of change outweighs the harm of change AND that 1: you two agreed to modification, 2: You've let her live with him already OR 3. The child's present environment is detrimental to her health, safety or welfare. I linked the actual statute below. Look at sections 1 and 2.
I assume that he would focus on the child's academics. All you would have to do is get documentation from her school showing the efforts to deal with her learning issues, health care records showing you efforts to have her ADHD treated in an appropriate manner, and statements from family, friends and others who know you as a parent. Obviously, if you have documentation about the ex's anger still being a problem then use it. But modification is NOT an opportunity to re-litigate the divorce! You could do this yourself, but if the ex has the money to make it a contentious mess, you'd be better off hiring an experienced family law attorney. By the way, if it's been more than 2 years since the last order of child support was entered, why not get child support modified at the same time. Considering dad's new-found devotion to his daughter certainly he would want to pay child support consistent with his current income? Best of luck to you! 
Yale Lewis III
This attorney is licensed in Washington.
Posted 6 months ago.
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The answer from the other attorney was good.
Your ex. would have to show a substantial change of circumstances in the household of the non-moving party (you) not contemplated at the time the parties entered the decree. This is a pretty high standard. It usually means something like the non-moving party moved in with an abusive boyfriend, started using drugs, the girl started running away, etc. |
