Filing for Change of Placement

[dhorowiec]

My husband is in the process of filing for a change placement of his children (ages 8 and 9) from their mother to him. The court order states they have joint legal custody, but the mother has 60% physical placement. They did this so she could keep Section 8 housing as well as other state aid. Much has happened in the last year since the order was enforced: the mother rented out one of the children's rooms for extra income, leaving the daughter without a bedroom. The mother has sold prescription pills on occasion as well as abusing them herself. The mother has had the children call us telling us they're throwing up and cannot come over on schedule visits, and then later the children admitted they were told by their mother to lie to us. The mother constantly threatens to go back to court to enforce a child support order when my husband doesn't do what she says. She will constantly say, "Remember I have 60% placement and you're only 40%...I can sue you for child support." I feel my husband did the right thing by hiring a lawyer and filing for a change of placement. My fear is that there is absolutely NO proof of her crazy behavior. We cannot prove the drug selling, the renting of the child's room, the threats (other than some text messages we've documented). Should we be hopeful that the judge will take our case seriously and consider changing placement of the children? I should add that we have a very stable and loving home. I honestly feel in my heart they would be better off here. I have that overwhelming feeling that the mother is always favored for placement. How do we prove this to a judge?

 

[Proserpina]

Without proof?

Honestly, your husband has nothing.

It doesn't matter what you or he feels is best at this point - there needs to be a change of circumstance. PROOF.

 

[irish223]

I'm more than a little surprised that he's NOT paying child support! She's in Section 8 housing and receiving state aid, and he's NOT paying any child support?? How does that happen, unless you and your husband also qualify for Section 8 housing and state aid?

 

[bluemann33]

You cant get proof that someone else is living in the home leaving the child without a room? As pros said you must have proof that the mother is doing illegal activities and ignoring the children. Good luck.

 

[MorgansDaddy]

Remember it is not "our" case, it is HIS case. With that said, he has an uphill battle for sure with no real "proof." If he's vindictive, he could report the mother to whomever runs the section 8 program. I am sure her renting out a room in the home is against their rules being they probably don't know about that income. However, consider the implications that this could have on the children if he does report it.