trying to get residential custody of my daughter back

Martha - posted on 04/29/2014 ( 9 moms have responded )

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It hurts the way my daughter's father talks to me and have me thinking that it's about me and it's not. He calls me names and talks to his family about me all the time. My daughter is 15 and I want her with me. He's had to move 3 times and im in a stable home and have bern for awhile. His main agreement is the school districts curriculum is not where it should be. But things has changed since he himself went. My oldest daughter just graduated from there. So it not as bad as they think it is. Im going fill out a petition to get her back but I feel like he will lie again and I wont get her back. I need help.

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Jodi - posted on 05/01/2014

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Ah, ok. I really do understand your concern. If you have evidence of her doing these things AND evidence of dad not being home when the court order says he must be, then file.

Jodi - posted on 05/01/2014

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You could file contempt, and by all means petition to get her back, but she IS 15. The judge is going to take her wishes into consideration, and the repercussions of forcing her against her will could be huge.

What is she doing that this is affecting her negatively? Is she doing the wrong thing when he isn't there?

Martha - posted on 05/01/2014

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Yes she's in school during the day but by the time she goes home her dad is at work and dont get home until 11pm.

Michelle - posted on 05/01/2014

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So she is 15, she does get an input as to where she wants to live.
If her staying at home alone (when not in school) is against court orders then file a contempt charge. How long ago were the orders done though? If they were done a while ago then they may need to be altered to come in line with her age.

Jodi - posted on 05/01/2014

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Again, she is 15. She can't be home by herself all the time, she is at school, right?

Martha - posted on 05/01/2014

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I do know that its up to my daughter. But if she's home all the time by herself it's like she is not being watched over. She has already taken advantage of being home alone. It also states in the order that she is to be supervised at all times and she is not. Some kids have the mentally if being able to stay home by their selves and some kids do not.

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