Can she take our custody??

Brittany Michelle - posted on 07/18/2012 ( 3 moms have responded )

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So i'm a step-mom, and I've been around since the child was 9months old. When I came in the pic the mother was only seeing the child once every 2weeks or once a month what ever worked best for her . then she seen that me and her ex really loved having the child so she stared wanting to be around. my husband signed up for the army and had to go to ait (we where not married yet) so when he left he could not have custody while he was in it, so they went to court and she took custody while he was gone, when he got done we went back to court to change it and nothing happened so we went back, to a higher judge ,and now he lives with us and sees his mom 2 months in the summer one in june one in aug, and on month after Christmas until he starts school..The reason why we have fought this is because one we love the child,and he doesn't like not having us there, and two because she gets in trouble with the law A LOT! And she seems to never keep a job longer then a few months... she lived with her mom & now she has a house and a job of 3 months, her boyfriend also lives with her and she is taking us back to court... is there a way she would really take him from us?! I mean he's soo happy here and he has so many thing to do ! (btw) since he's been with us shes only called a hand full of times and it took her 21/2 months be fore she called the first time..)

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[deleted account]

Sounds terrible but be prepared and get a really good lawyer. Ensure you have times dates what occured during that time with her ect.... I think it all depends on the lawyer and the judge in the case. Make sure you have all the good info. EG how you have cared for them and where they are at in their lives and schooling. The next bit is mean but if your lawyer can discredit her that would be great. Police reports? ect but just push the stability part too....
But sadly in answer to your question, she may... Just make sure you go for full custody..
Good luck I hope you win......

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[deleted account]

Can you guys get legal aid? that might be an option, you need to get in asap for an appointment though. He will explain if you guys earn over that you may be able to afford the difference. I feel sorry for anyone in this situation. They say men are bad but I tell you what I think there are just as many pathetically twisted women.....

You sound like your doing the right thing though. I thought she couldn't take you to court until she had tried mediation? Mediation is a waste of time but If she hasn't I would bring that up too. If she does request mediation you as the step mum won't be able to go. So I hope your husband is strong?

good luck with it all been going through it for 4 yrs now and still are, no courts involved so far but only because my husband gives into her demands..

Brittany Michelle - posted on 07/19/2012

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Thank you StepmonsterX2,
Yes we have all of her police reports, and her boyfriends. Because she had gotten a DUI
and her boyfriend out something for being drunk and walking away when she got pulled over..
At this time we can not afford a lawyer nor can she. I just am really nerves to go back the child is 3 and I don't believe he needs to be moved.. I'm just really hoping this judge see's his in a good home with stability!

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