You need to retain an attorney to prepare the proper paperwork and notices and then get the judge to sign off on the custody modification.
Changing custody from joint to sole will have no effect on you or your children. There is no point in trying to make this change. As the residential parent, you have the responsibility of caring for your child on a day-to-day basis and your ex is responsible for caring for the child in a supervised environment. Sole custody will not change that.
It is unclear here whether you proved up your divorce case or not. You really should consult with your lawyer. If for some reason you disagree with your lawyer seek another opinion. You may also have to modify visitation provisions. Take action quickly because you may only have a brief amount of time like 30 days to try to vacate the prove up if that is what you deciding to try to do based on these recent events.
IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.
You can request it be changed to sole custody by filling a motion to modify visitation. Frankly, there is no benefit to joint custody. I believe the cost to change it now may be less than if she was well.
Without knowing the details, I would suggest you consider modifying your custody judgment. Joint custody is predicated on the notion that the parents can co-parent and agree on major issues in the children's lives. Each parent has the duty to facilitate a close and loving relationship between the children and the other parent. If you think your ability to co-parent has been compromised and you do not believe that the current joint custody arrangement is in the best interests of your children, then you should seek to have it modified.
Modifying custody can be a bit complex and I would suggest you speak to an attorney, legal aid clinic, or a legal self-help agency.
This information is not, nor is it intended to be legal advice. This content is not offered as a substitute for legal advice. You should contact an attorney for advice regarding your case and questions.
Sign up to receive a 3-part series of useful information and advice about child custody law.