Stopping Sole Custody

[CC]

My husband that I just married has two children under the age of 13
from a previous marriage. They currently have joint custody but the
children primarily live with their mother. The divorce documents state
that the welfare of the children including visitation will be up to
the parents so no specific dates of who has who and when are listed.
Recently he has had to take some time out to get back on his feet and
work extra hours out of town so he can provide a better life for his
children. The ex wife told him that she understands and to take all
the time he needs. Instead she was really mad that he remarried and
has now filed for sole custody. Since he is out of town at the present
time he can't make the set court date to fight her decision but plans
on appealing it ASAP. He is a great father that has never showed any
ounce of being unfit. Her on the other hand let her unemployed
boyfriend move in with her and has her 5 year old son sleep in a chair
since she won't buy him a bed. She has the money but does not use it
for the best welfare of the children. Is it possible that since he
can't make it to the set court date that she will end up getting sole
custody or would she have to prove that he has been an unfit father? I
am scared that because she is mad that he has remarried that she will
take away his children without much he can do about it.

[Mario Alex Joseph, Esq.]

I strongly suggest that your husband send a notice to the court that
he will be unavailable on the day of the appearance. Make sure that he
send the notice by certified mail, overnight, or some other method
that will permit him to track it. After delivery, he should call to
confirm receipt by the court. If your husband defaults, he will find
it extremely difficult.