Our client, Sean, has some concerns about his ex-spouse, Sally. She has custody of their boys, and he feels that, now that they are older, they should live with him. His parents have warned him that his sons need a strong male role model, and his sons are now old enough to enjoy the same activities that Sean does. Sally is dating again, he thinks, and Sean does not want some other man "raising my kids." What information would we have to obtain to propose a modification of custody?
What will be an ideal response?
It is unlikely that the custody order would be modified without good cause. We would have to obtain information about any issues that have arisen in Sally's care. How old are the boys? How do they feel? Although certainly not enough to alter custody, it's important to know if the children want this, too. An existing custody order would not be overturned unless Sally is no longer a fit parent. We would need information about a substantial change in such matters as:
| • | Substance abuse |
| • | Cohabitation, and the nature of the cohabitor (or other changes to her living arrangements that |
| • | Physical or mental impairment |
| • | Work situations, such as extensive travel |
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