Trouble in the land of OZ.

[Bigdaddy_1974]

To whom it may concern,

my name is Casey Fisher, I am a 32 year old, disabled single father of 2 boys 3 & 5
I have struggled with complications of Hydocaphalus my whole life,and had some 85 suguries. I got Divorced from my wife in February of 2005, and being granted residential custody of my two boys, retained the title of primary caregiver. To say the least, we have struggled with any kind of visitation schedule. For the sake of my boys' mental well being, I let them go with her any time she asked( wanting her to " step up " as a mother)
I recently had a stroke and had to temporarily place the boys in their mothers care for a total of 12 days. After some 4 weeks now( and an enormous amount of P.T. and O.T. ) I seem to be doing great, at least well enough to take care of my boys. For some reason my ex has decided to
file a modification of custody with the court, and seems to have everything planned out. My question is.... If I can produce medical documentation stating that I am able to care for my children,
Will she stand a chance in court?

[tcbalgord]

Not a legal expert but the courts hate to disturb lives of kids, so you DO stand a very good chance if you have medical docs. Keep in mind that her past relationship with your boys and her roll in their lives will always play a part in a judges decision, and for the little you have said about her (wanting/waiting for her to step up) I'd say you have an excellent chance.

I do hope this goes well for you and that you recover.

Good luck.

[lkeu1212]

I agree with tcbalgord, you have an excellent chance in court. No court wants to see children uprooted from the home they have spent their whole lives in. Remember the Judge is probably a Father or a Mother too. And even though the Judge has to stay within the legal limits of the law, he/she will always do what he/she feels is best for the children. In this case it is clear from what you said that the Mother has been, at best, in and out of their life. With no set visitation schedule, which disrupts the kids daily routine. And if she has payed you no child support, that is also in your favor. Because that shows she either does not care enough about the children to help support them financially, or that she is incapable of paying child support due to financial problems and therefore incapable of caring for the children if they reside with her. I dont believe you have anything to worry about. Take your medical clearance to the courtroom and make sure you tell the Judge that there has been no set visitation with the Mother, that she just comes and goes when she pleases to take the kids for "visitation". This disrupts the childrens normal routine. A big no no for most Judges. And make sure you emphasize that the children have lived with you, in the same home, their entire life. This holds great weight with the Judge. And if your ex has been moving around from place to place make sure you inform the Judge of this. This shows instability. And that would really seal the deal for you.

You stay focused on recovering and I pray you continue to recover quickly and fully so that you can continue to enjoy your little bundles of joy.