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Can a Child's Behavior Warrant a Custody Change?

My ex-wife has custody of our son, but she is too busy with her job to keep track of his daily activities. Currently, he is failing out of school and smoking a lot of pot. Is this enough of a reason for me to petition the court for a change in custody?

It’s always an unfortunate situation when a young person makes poor decisions, such as using drugs and neglecting schoolwork. It’s very difficult to say if that information alone is enough to persuade the court to change your custody arrangement. In order for a custody change to be granted, you must be able to prove either a change of circumstances or a proper cause. While your son’s situation may seem like proper cause for the change, a drawn out custody battle might not be the best thing for him right now.

In this situation, it’s wise to review the circumstances with a family law attorney, as well as a counselor or therapist. If you truly believe that your son will lead a healthier life if you’re granted full custody, then taking the steps to get him the help he needs before jumping right to a request for a change in custody may not only make the court view your situation more favorably, but more importantly, it may also strengthen your relationship with your son and give him the best chance of turning his life around. 

About ADAM (American Divorce Association for Men)

The American Divorce Association for Men (ADAM) is a group of highly qualified attorneys who advocate for men’s rights in divorce, child custody and parenting time, paternity, support, property settlement, post judgment modifications, and other family law matters. Since 1988, ADAM has been aggressive, diligent, and uncompromising when representing their clients. A team of compassionate and skilled family law attorneys, ADAM is dedicated to being Michigan’s leading divorce attorneys for men.

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