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Re-negotiating custody
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Let’s say we got divorced in Texas and then she moved to California, and I moved to California too in same town. Problem is the Texas decree carries less weight if one of us decides not to honor it.

I am concerned that she is causing mental health issues for my oldest daughter who is 9, due to how she coddles her and alienates me from her. This was an issue during our marriage and it is just getting worse to the point my daughter is now refusing to spend the night with me. So now things are getting more heated because she has manipulated my daughter to think I am a bad dad and continues to re-inforce that narrative. (I have 2 younger daughters with no issues at all).

Oldest has a lot of emotional and behavioral issues in general. When we got seperated, my ex tried to argue to judge I shouldn’t have normal access to kids. Leading up to that, she had my kid in counseling without my involvement to build a case against me culminating in getting a counselor to call CPS on me for emotional abuse and being blindsided with divorce papers. She didn’t get her way, but the judge ordered counseling for me and my daughter together. After 8 weeks, counselor concluded that my ex was a manipulative bitch trying to turn my daughter against me, which then prompted my ex to motion the judge to order a change of counselors. But then I moved away for a new job, we settled in mediation and it got better for a while. Last spring, divorce became final. Exw got my daughters teacher to file another CPS claim against me for sexual abuse which was ofc bullshit. All the cps crap got dismissed.

She says she wants us to be healthy co-parents but her actions tell a different story and I don’t trust her at all. I think she will use any opportunity she can to build a case to take my daughters away from me. I have no doubt that if it ever came down to a formal custody evaluation, I would be vindicated cuz I literally have done nothing wrong, ever. Unless you think telling your kid to move their ass on one occasion when they refuse to leave the house is child abuse.

Can I ever take an offensive approach and re-negotiate custody through court system in California, to something like 50/50 or 60/40 with me getting more time? Would that trigger a recalculation of the child support arrangement and would I get killed on spousal support which I currently pay none? Ex is now making like 60k a year and when we got divorced she didn’t have a job. Would a custody evaluator be an option to demonstrate to court what should happen? Could it backfire on me?

I know these are lawyer questions, but wondering if anyone has been through something like this and can provide insight.

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5 months ago