questions & answers

Question: Can I obtain custody of my child if my ex neglects to care for him/her? when the child was in her care, he/she came back to me with impetigo on parts of his body dr's say the is due to uncleanliness. He/she has no babysitter so she drops him/her off at local relatives home.

Answer:

See the article titled "Things you should know about custody and parenting time" on this website. That article states:

How can a court’s custody order be changed?

Either parent may request in writing that the court modify a custody order. To change an existing order it must be shown that the best interests of the child are served. The request is filed with the Clerk of the Superior Court and a fee for filing is charged; however, there are limitations on requesting a modification. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the child's physical, mental, emotional or moral health. If a form of joint custody has been ordered, a modification may be requested at any time if there is evidence that domestic violence, spousal abuse or child abuse has occurred since the date the last order was granted. In a joint custody situation, a parent must wait six months before seeking a modification if the reason for the request is that one parent has failed to obey the court's custody order.