How do I prove the benefit of change is greater than the harm of disruption (two children-custody modification-never married)?

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What does one need to show a court to prove that the benefits of a change are greater than the harm of disruption of placement? *Seeking physical placement of my children in a rough, chaotic, unstable situation with a Mom that loves them but is incapable of meeting their growing emotional and cognitive needs....pretty difficult for anyone to do with four children, let alone when by herself and when emotionally and otherwise damaged from her own rough childhood. The change would basically allow them to live in a home with expectations, time, and love, people who can meet their needs and have many resources, and it would help them develop understanding about how to appropriately treat/to to people (like Mom). We want to encourage a healthy relationship with her and seek $0 child support…

Attorney Answer

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Sean Oneill ·
You must seek modification through motion and you can put all your concerns in an affidavit attached to the motion. It is important to know that it is much harder to change physical placement within 2 years after the order is issued. Under these facts it would be close in my opinion. You have to show physical or mental harm with the placement. You need a lawyer, no doubt. Shop around for a cheap consult with someone experienced/specialized in family law. Many lawyers will give low cost initial consults for family law cases.
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