My ex and I share custody (60/40: he 40) of our 6 year old child, her schedule is very back and forth. For the past few months my ex has been taking our daughter to stay at his significant others place in a different county every weekend he has her (every other weekend), and while I have no problem with the girlfriend or his relationship, I do have a problem with our child's lack of stability, I feel that 2 households is enough and a 3rd is insane. Do I have any legal ground to make a complaint? The only thing I can find in our paperwork is that we are not to move the child 15 miles from our current residence and the girlfriends house is more than 15 miles from his current residence and it seems like this is his new residence. Also, his weekday visits he doesn't see our child, but rather his mother picks her up and cares for her and keeps her overnight. I feel like I should have first priority for watching our child when he can't exercise his visitation time. Do I have legal grounds to file a complaint on that as well?
Spending the weekend at the girlfriends is not a change of residence. As for the mid-week, how would you prove he doesn't exercise this time? Does he work graveyards?
The best interests of the child is your burden. I encourage you to hire an attorney to put together evidence that will carry that burden.
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You can file a request to modify custody, but it is a two edges sword. The court's would likely give him every other weekend even if he moved out of the county, and would likely have you share in the driving. As for the midweek visits, I think you may have a legitimate complaint. See if you can work it out with your ex first. That is, ask him if you can take her during the week since he is not available.
If you want to look at the big picture, the less conflict the better. Perhaps you can work something out so that Paternal grandma can have her maybe one day a month if she wants to show you are wiling to cooperate, and you should have her most days when dad is not available. If you can show you made a good faith effort first, the Court is more likely to listen to your concerns. If not, they will assume you are being vindictive. I'm not saying you are, it is just how it would appear to a child recommending counselor who sees more than his or her share of vindictive people.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
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