Do I have a case to get my son back? (New here- NEED Help!)

Rebecca - posted on 08/01/2011 ( 2 moms have responded )

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My son is now 12 and I let him go live with his dad when he was 5. The reason, I let my ex bully me into it. I was scared, I knew I did not have the money for a custody battle and being that my ex is a manipulative, abusive control freak who still knows how to rile me up, I let this happen.

five years ago, I made an attempt to get my son back, we hired lawyers, sat in front of a judge who decided that although both of us were fit parents, the child was to live with my ex because that is where he had been living.

A little back story, we divorced when our son was 2. We both re-married when he was 7. My ex has had nothing but problems in his marriage while mine remains rock solid. My ex's wife has left him at least twice, the most recent being this past April. She has always told me how horrible he is and made attempts to drag me into their drama.

My ex called me a few days ago and said that his wife was going to move back in and they were going to reconcile. I am not okay with this.
He was verbally, emotionally and physically abusive to me, how do I know this is not going on in his house with this woman?
He claims our son wants ot stay there because his friends are there.

I do not feel this a stable envrionment for our son...do I have a case to get custody back even though my son claims he wants to stay?

I have a meeting set up with an attorney but not for a few days.

Help!

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2 Comments

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Augustin3 - posted on 08/30/2012

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Reading what you've typed leads me to a conclusion that A) you let him live with dad because you were either too busy to take care of your child or more likely that he was a more fit parent B) that for you it is about control; you mentioned not being okay with him getting back with his wife...



It seems that your son is happy where he is living and you are not happy due to your pride.



"do I have a case to get custody back even though my son claims he wants to stay?

"... Does your son have a reason to lie? Why would your son 'claim' he wants to stay? Does your son 'claim' he likes ice cream and video games?



Seeing how your son is 12... you don't have a chance at this point... best you can do is get every other weekend.



Good luck

Ashley - posted on 08/01/2011

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I have no idea if this is grounds to get him back but in this situation you should have half custody at least so if you dont you should be able to receive that. Good luck and let us know how ur apt goes