Custody Question!

Hollie - posted on 06/04/2011 ( 8 moms have responded )

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Can a "mother," obtain custody of her "child," if she resides with her mother or father. Enough bedrooms, beds , food , etc....BM here lives with her Mother and is seeking to get custody from my dh! its just awful! Shes been in and out and we're fed up to the max!



She doesnt deserve the girls at all (ages 3 and 6!) She has tried to go to their school youngest isnt in school yet, but she has been to their kindergarden room and my dh and I are just so disgusted with all of this, before , she nvr tried to even help support the girls or show up on and off for 2 yrs! PLEASE HELP!

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Gwen - posted on 06/08/2011

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P.S. This battle is between your husband and his ex. As crappy as it sounds, this isn't your fight to fight.

Christina - posted on 06/07/2011

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Oh, and I was able to get sole custody while living at home with MY mom and sharing a room with my son.

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Unless she has proof that their father is unfit.... it is extremely unlikely that she will get FULL custody. However.... my ex was almost completely non-existant in our children's lives for a year and a half, threatened to take my girls away and never return them, AND admitted in court that he had raped me in the past and the ONLY thing that kept him from getting joint custody is the fact that he moved too far away to make it practical. Like it or not... both parents have rights to their children and it is extremely difficult to get those rights removed w/out serious illegal activity... and even then visitation (although possibly supervised) is still usually granted.

Christina - posted on 06/08/2011

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Breanne, no they don't. Unless the other parent has done something illegal, the courts won't look too closely at the past, only what is going on in the present. (Can you tell I've dealt with too much custody issues?!)

Gwen - posted on 06/08/2011

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Have you documented anything over the last 2 years? If you can show a judge that she has been an absent mother, it will help your case. You can't just walk into court making a bunch of claims and get your way. Your argument will bear much more weight if you have documentation to back it up. As far as living at home...providing food, clothing and shelter are key. If she can show that the environment is safe, location doesn't matter.

Bri - posted on 06/07/2011

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Really thats good to know! so courts "DONT care " whats happened in the past?

Christina - posted on 06/07/2011

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Courts don't like when parents keep kids from other parents. If joint custody can be achieved, then thats what courts will settle on if they can. People make mistakes, and courts don't really care what someone did in the past, but what they are doing now.

Bri - posted on 06/05/2011

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As long as she has enough "beds, food supply, and an income," yes she can have her children

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