Missing my babies!

Melissa - posted on 03/21/2014 ( 3 moms have responded )

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I have been going through a long and drawn out custody battle with my children's father. I have always had our children til this last November when I gave their father tempary custody of our boys and I kept custody of our daughter while I was moving 3 hours to southern Ohio. I thought it would be better. For all of us, I was wrong! I got to see my children for Thanksgiving and then their father stayed withholding the boys from me and our daughter. We ended up going back to court in February, the day of court marked 89 days without seeing my boys and had only talked to them about a hand full of times. At our last court day I lost custody of our daughter too. I'm lost I don't know what to do. I've always been there and now I can only see my children when their father says its okay. March 6 was the last time I seen my children and they didn't look well and cried to me that they wanted to come home. They don't want to be with him. I don't know what to do. I've never gone through this and never thought I would lose my children to a man like him!

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Jodi - posted on 03/22/2014

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I apologise if I misinterpreted, I just assumed that 3 hours away was out of state. But still, you DID move quite a distance away, and that can interfere with a parent's visitation arrangements. But if the court gave permission for the move, then I am not seeing the issue.

If it is court ordered every weekend he can't withhold visitation. If he does, you can file contempt and you could file for custody on the basis of him not doing the right thing and allowing your relationship with your children.

It isn't only the medication and depression that you will have lost the children for. Is it possibly he has more family support where he lives? Is it because the children are in school where he lives and it was felt it was better not to move them? There has to be other reasons.

Just remember, however, mothers don't have all the rights just because they are the mother. In a situation where you live 3 hours apart, someone has to have primary custody, with the other having visitation. You can't possibly share it equally. Clearly, in this instance, your ex was able to demonstrate the more stable environment for the kids in some way. They also don't like for kids to be split up in these situations, which may explain why your daughter was also ordered to live with him. I am just pointing this out, because it is equally as unfair if YOU were to have full custody and he have weekend visitations. One way or the other, one parent loses.

Melissa - posted on 03/22/2014

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I did have permission to move and we didn't move out of state. I have depression and am on med to help. That's why they say I'm unfit. But their father uses drugs and even testified in court he uses drugs to med himself. And he got the kids. And as for my visit it is court ordered every weekend!

Jodi - posted on 03/21/2014

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So basically, you didn't get permission from the court to move your children out of state and away from their father. THAT is why you don't have custody of your children. What do your court orders say about visitation?

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