What does it take to modify custody orders?

Hey guys, I’m trying to figure out what it takes to modify custody orders. I’ll be reaching out to a lawyer soon, but I’m feeling pretty frustrated right now, so I thought I’d post for some advice.

Since the start of the school year, I’ve been keeping track of how the other parent hasn’t been giving our child their inhaler. I always remind them to do it, but it seems like it’s rarely used. I even have photo proof showing that the chamber count isn’t moving, and my child keeps coming back with coughing and nose issues. There was also an appointment back in November that OP forgot, and we had to wait until January for the next opening. I had reminded them about it and even posted it on our co-parenting app. At the January appointment, OP admitted to the doctor that they forget to administer the inhaler once or twice when the child is in their care. The doctor told OP to make sure the child gets the inhaler so we can verify it’s working.

Just a few weeks ago, my child came back with a swollen and bruised dog bite. The child told me what happened, but OP didn’t mention it at all. I took them to urgent care, where they were diagnosed with a hematoma, but the bite didn’t break the skin. OP thought the child was fine since they stopped crying and didn’t take them to get checked.

When my child came back to me recently, the inhaler hadn’t been administered again, even after I mentioned the bad air quality alert we got. OP claimed they had been using a spare inhaler for the whole month. When I asked for the chamber count, they said it was ruined by the stove when they opened the door, so there was no way to check their claim. I always send the inhaler in my child’s bag, which OP knows about, and they said the child only went without it on Sunday. But the inhaler in the bag could’ve easily been used for Sunday and Monday doses.

There are a few other issues I noted down too:

  • OP mentioned that the child had bloody, waxy ears (the child has ear tubes due to chronic infections). I asked if they were going to take the child to urgent care, but they said no. I called ENT, and they prescribed ear drops and reached out to OP to pick them up. The child was confirmed to have an ear infection after returning to me. Ear infections usually last around 2-3 weeks with drops and oral antibiotics.
  • While in OP’s care, the child slipped on water and hit the edge of a coffee table, causing a split eyebrow. The child went to the ER for stitches, but at the pulmonary appointment, OP changed the story to say the child jumped and hit the table with their face.

Have you talked to your doctor about this? They might be able to provide documentation on the health issues related to not using the inhaler. That could help your case.

It sounds like you have a good amount of documentation already. The incidents you mentioned could show a pattern of neglect, which might help with the modification.

I agree that it seems like there’s a pattern here. Document everything you can. The more evidence you have, the stronger your case will be.

You should also consider getting a guardian ad litem involved. They can represent your child’s best interests in court.

Just remember, it can take time to modify custody orders, so be prepared for a bit of a process.