Do I Have a Case- Seeking Full Custody
I share a 10 year old with my ex-husband. We separated when she was 5, choosing joint legal custody. He has sole physical custody with the court agreement being 3.5 days at each parents each week and no c.support to either party. This part was against my wishes, however I was in a transitionary time (it was March of 2022 COVID shutdown and my small business was in our home, which we had to sell. Because of this, I lived in a very small apartment for a few years and had to buy a new property to operate my business.) and it was the only way he would agree to complete the Div. and custody battle peacefully. I have since remarried, bought a chunk of land, and built a small hobby farm- life is stable and good.
Over the past couple of years, he has become increasingly difficult to work with. He refuses to communicate for the wellbeing of our child- I have multiple texts over time proving that he will not communicate by phone or in person. He also does not reply to my texts most of the time.
He denies the significance of our daughter’s severe ADHD and high functioning autism diagnosis, and will not give the appropriate medication, of which I also have texts going back to 2022 showing this behavior. He also refuses to make any accommodations for these diagnosis’s, which is hurting her ability to thrive.
The main issue I’m having is that our daughter came to me several months ago, sobbing and begging to move into my home full time (I am remarried, with a quiet and loving home.) She states her father and his live in girlfriend fight often, there is a lot of screaming in the home, I have seen examples of emotional abuse, and it’s not a good environment for her. He refuses to make any accommodations for her diagnosis’s, and I’ve slowly watched her self confidence crumble. I am starting to have a major concern for her mental health and emotional wellbeing. I feel it’s time to fight for her happiness.
I will say, recently child asked him to come to my home an extra day each week, and he compromised in agreeing to her coming to my home an extra day every other week. However, since then, she has begged me again to be with me all of the time.
I’ve gone through years of text messages and printed some examples of what I’ve mentioned above, as well as emails from multiple years of teachers expressing concern. Do you feel from what I have provided that we together may be able to get the physical custody schedule changed in any way?
Posted Oct 6, 2025, 7:10 PM UTC