Full Custody
My 2 girls are living with me and only see their father maybe once a month, He rarely calls to check on them. Because we have joint custody, he picks them up from daycare and school without discussing it with me and has on occasion. he is always several months late on his child support and does not pay for anything else like doctors or school needs or clothes. Am I able to file for full custody of the girl. What are my chances?
Re: Full Custody
What you seem to be asking is, can you terminate his visitation with his daughters. The answer is, probably not completely, but you might be able to change the rules governing it.
Joint custody has nothing to do with the amount of time each parent has with the children. Conservatorship (custody) defines the rights and duties of each parent (who gets to make educational decisions, who can consent to invasive medical procedures, who has the right to school and medical records, who gets to decide where the child lives, who gets to receive child support, ...). Possession and access (visitation) defines the times and conditions of each parent's possession of the children (pickup at 6pm on Friday of the 1st, 3rd, & 5th weekends or pick when school is dismissed on the 1st, 3rd, and 5th weekends, return at 6pm on Sunday or return when school starts Monday, ...).
You need to find a good family law attorney in your area to review your decree with you, discuss doing an enforcement against your ex for unpaid child support, and discuss a possible modification to change the terms of possession and access. Good luck!
