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how hard is it to prove parent alienation & change custody?

child has lived with her dad since 2 she is now almost 12.. we have joint custody with him as primary care giver.. I have visits with her every mon/wed 4-7 fri 4-sat 8:30pm alter holidays two vacations weeks in summer, one in winter.. he is not comply with some of the court order.. he lives 10 min away
I work part time & am more available for her than him.

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Asked by maiahlynn at 10:38 AM on Mar. 31, 2010 in General Parenting

Level 13 (1,143 Credits)
Answers (4)
  • If he is not complying with court order and you are in a better position to care for the child, your chances are good. Unless there is more to this and he has dirt on you too. Have you talked to dad about a custody change? If he is agreeable to it, the court will almost always agree. A big fight might not be in your DD's best interests unless there are compelling reasons to change custody.

    Answer by riotgrrl at 10:51 AM on Mar. 31, 2010

  • he won't agree on nothing even if it makes sense.. the only dirt he has on me lawyers have told me court don't care about that, I live unmarried with a man.. my ex calls me crazy in front of our kid, she shares a room with two small boys at his house, he won't comply with allowing her to talk to me on non visit days/ a counselor for her/ giving me her doctor info/ telling me when he he going to be out of town with her/ won't nature the relationship between her & me.. tells her if she lives with me he wants nothing to do with her. wants to stick to the court order even if there is an emergency.. he has made me fight for everything including christmas , a holiday he don't celebrate..

    Answer by maiahlynn at 11:01 AM on Mar. 31, 2010

  • Proving Parental Alienation is next to impossible, costs a fortune and at the end they tell you that the child is too enmeshed with the abuser to be removed from that person's custody anyway.

    To change custody you're going to have to do more than prove that he's not following the court order. That will get you some potential contempt charges, but that's about it.

    The litmus test for changing custody is "material change in circumstances" which means that the things that decided custody before have to have significantly changed since that decision was made.

    Answer by Avarah at 4:01 PM on Mar. 31, 2010

  • what if I gave him custody because I had no job no place to stay .. things have changed.. shes going to be 12 & wants to live with me.. he does everything he can to hurt the relationship between her & me.. I'm going for it I got to try.. $3000 to the lawyer.

    Answer by maiahlynn at 10:08 PM on Mar. 31, 2010

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