Legal Question in Family Law in Alabama

My ex wife and I share joint custody of my minor son She is listed as primary and I am the secondary. Since the divorce in 2007 I have had my son on a regular basis sometimes she goes 3 weeks with no phone calls texts or visiting with him. She has been threatening me with taking me to court to seek child support though the papers are stated that I am to provide insurance and pay day care expenses in lieu of child support because she would get more money this way. I pay for his insurance and day care as ordered. She fights with me on a constant basis when she gets him, and threatens me with court over the smallest of things like getting his hair cut. I got it cut she didnt like it and she threatened me with court. My son is 4 years old and will begin school this coming year, I am trying to get her to allow me to put him into a local school where I live which has a deadline for enrollment. She has made no arrangements for his education. She works 12 hour shifts at work and an irregular schedule. She is not married and is now in a relationship with a man she has only known since November. I am married work full time 7-3, the job isnt well paying yet I stick with it so I can spend more time with my children. I have done my part and more, she does nothing! My son cries when he has to go to her. She has a one bedroom apartment, I have a 4 bedroom home which all of my kids have their own room. My wife stays home with our baby, my step son goes to school, and Brayden attends daycare...(thats in the divorce decree) even though my wife could care for my son and save me the expense of day care. Im not asking for sole custody I would keep joint custody and seek primary so i can make the educational decesions along with all other decisions pertaingng to my childs welfare. What are my chances of getting primary of my son ..... what can I do......I have began documenting all phone calls and their substance, I have began keeping logs of how often she sees him, and have even been as low as obtaining information she has posted on facebook. would this be able to be used in court. Also she has a child from a previous marriage who is 9 years old that she has done this to before. She still has primary custody of him and has not seen him or talked to him since August. The child also lives with his father, full time. She claims both kids on income taxes and neither of us are able to claim the children for income taxes. What is the law on claiming children on income taxes if you share joint custody she is primary and the kids do not live with her


Asked on 3/23/10, 12:50 pm

1 Answer from Attorneys

James Coleman Murchison & Howard, LLC

It sounds like you have a good case to modify custody to allow you to be the primary physical custodian. Find a lawyer and review all the facts with him or her. You have to meet the McClendon standard, that is: a change in custody will benefit the child to such a degree that it will overwelm the inherent disruptive effect of such a change. Good luck.

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Answered on 3/29/10, 5:03 am


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