In January 2017, plaintiff petitioned for divorce and for sole custody of the children, alleging defendant was unable to effectively parent the children because of her alcoholism. Defendant, who entered inpatient treatment in March 2017, failed to file an answer. A default was entered. The judgment awarded plaintiff sole legal and physical custody of the children. Defendant’s parenting time was suspended.
Parenting Time
Defendant began to demonstrate consistent improvement in June 2018, and she was ultimately permitted to have unsupervised parenting time with the children. In October 2019, defendant moved for a change of custody, but the motion was denied because defendant failed to establish proper cause or a change of circumstances. Defendant continuously requested increased parenting time, and plaintiff opposed defendant’s requests.
Guardian ad litem (GAL)
In July 2020, the trial court appointed a guardian ad litem (GAL) to investigate and make a recommendation. The GAL recommended the children and the parties attend therapy and the parties ultimately stipulated to this recommendation. The parties also stipulated to defendant being granted additional parenting time and agreed to certain parameters concerning the children’s extracurricular and sport activities, which was memorialized in a stipulated order.
Motion for Joint Legal Custody
In April 2022, defendant moved the trial court to grant joint legal custody. Defendant argued plaintiff consistently sought to alienate the children from her despite her continued sobriety. Defendant also argued plaintiff failed to attend to the children’s mental health needs, which further contributed to the children’s alienation from her, and had unilaterally changed the children’s schools. Plaintiff opposed the motion, arguing defendant could not establish proper cause or a change of circumstances. Plaintiff requested sanctions, arguing defendant’s motion contained arguments that had already been addressed by the trial court.
Trial Court
The trial court heard oral arguments on April 27, 2022. On April 29, 2022, the trial court denied the defendant’s motion and granted plaintiff $1,250 in attorney fees. There had not been a significant change of circumstances since entry of the April 5, 2017 judgment, and defendant failed to establish proper cause.
In sum, defendant’s relationship with the children had not materially changed between April 2017 and April 2022, and defendant’s attempts to blame this on plaintiff’s failure to keep the children in therapy throughout the pendency of the proceeding is not persuasive. The record evidence supports defendant’s strained relationship with the children was likely caused by her actions. While defendant complains plaintiff failed to consult her about the children’s schools, plaintiff was not required to do so because he was the sole legal custodian.
The court recognize that defendant has made great strides in her sobriety. But the Child Custody Act requires courts to focus on the best interest of the children and to provide a stable environment for children that is free of unwarranted custody changes.
Legal Assistance with Custody
If you are going through a divorce or are separating from the mother or father of your children, it is important to protect your custodial rights. If the divorce or separation process does not turn out like you thought it would, you may not have the custody, visitation or child support you deserve.
Seek the advice and guidance of an experienced family law and divorce attorney who will be by your side every step of the way.