custody issues

buffylouApril 13, 2014

Need advice. Trying to help my SIL. She has primary custody of my nephew age 14. Her ex is supposed to have his son 70 days/yr. He lives with his girlfriend, in a house that SHE owns, and she is a very heavy smoker. Nephew has declared he doesn't want to go over there anymore because he can't stand the smoke. It's been 6 months since divorce was final, and the son has only spent about 10 days at his dad's. My SIL is wondering if she can go to court to (1) increase her support, since dad is not taking his son enough so it is costing her more for food, etc, and (2) to either stop the smoking (yeah, good luck with that) or force the dad to take son somewhere without smoke. Any advice, anyone been there before? Is this all worth engaging her attorney again?

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Some jurisdictions have limits on how often one can petition for change in support. But here, it is the son's choice not to go so the additional time at Mom's is not Dad's fault.
There are HEPA filters and so on that could help with the smoke situation. It sounds as if not enough effort is being made on everyone's part to make this work as planned. I'm not hearing the words 'meeting' and 'talk' I'm hearing the words 'court' and 'force'.

    Bookmark   April 13, 2014 at 4:44PM
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Thanks Lucille. Unfortunately those are the words it has come to. In a new development, the dad is looking for his own place now, not sure why but this should be good news in terms of improving visitation.

    Bookmark   April 20, 2014 at 9:03AM
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I was a witness in a custody battle and the judge in that case told the father in no uncertain terms "there was to be no smoking around children, in the house or car. If there is a complaint about you not obeying the order, you will lose visitation rights with your children".

This post was edited by EmmaR on Sun, Apr 27, 14 at 20:39

    Bookmark   April 20, 2014 at 7:16PM
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