Custody question regarding stepchildren who have been in our care for months out of original order,

Mommy - posted on 08/15/2013 ( 3 moms have responded )

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Ok I will try not to make this too long. My husband is suppose to only have his kids for the summers, and holidays. They live out of state. Ages 4 year old girl and 12 year old boy. To make a long story short, their mother is a little "off". The little girl has been here out of the arrangement a lot. She has been with us since Feb, a total of 7 months...5 months out the court order. in April the mother asked us to get the son bc the son, the daughter and my husbands ex-stepdaughter 17, told us they some things so husband had to report to cps. so she sent the son here while she was being investigated, which since he was here, he couldn't talk and nothing came of that. In the mean time husband got a lawyer and filed for a change in custody. he had to keep paying child support all this time even though kids are in our care bc of the court order. his lawyer told him do not return the kids, bc they are both enrolled in school and have been here so long. She just filed for a hearing for emergency return of the kids??? Even last night she didnt want the son back and spoke of him meanly, We have a baby together plus I have 3 daughters from prior marriage. I find her actions very strange. I could never be away from one of my kids for no reason for months at a time. I potty trained her daughter and got her off the bottle last year at the age of 3. I really feel she uses the kids as pawns. I love them and it makes me feel really bad for them. Very frustrated, advice or anything welcomed.

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Christina - posted on 08/16/2013

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It doesn't matter that she filed for an emergency return of the kids - the courts will see what is going on and most likely won't allow it, especially if they are already enrolled in school. I'm not exactly sure for what type of advice you are asking, but I would not stress over whether this will go to court. Any judge will clearly see the issues the mother has and not rule in her favor. I would suggest that you request that she cover your court costs and legal fees, however, as had she been doing her part this wouldn't even have to go to court.

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Mommy - posted on 08/22/2013

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I got my answer Tuesday. The lawyer asked myself and some other witnesses to come to provide testimony, and the judge didn't even need to see us. He said there was no emergency and denied her request for an emergency return since the kids have been here so long. He said she treated the kids like a football in a football game. Thanks for your reply :)

Mommy - posted on 08/17/2013

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There is going to be a hearing Tuesday and my husbands lawyer is asking that I and his father give testimony. I am also thinking since they've been here so long it would be in our favor for the court not make the kids go back. I forgot to add that after she was served papers, her response through her lawyer was that she is denying everything except that her daughter has been here out of the arrangement. She downplayed in emails to my husband, that her bf broke a laptop and cell phone. She says that they were cheap, that it didn't scare her son...that he thought it was funny. Also she has accused my daughters and myself of being witches and using magic crystals!!! Which is completely insane and made up. I don't even know how you obtain a "magic crystal" and you would do with one haha. I don't have anything against that kind of thing, but the fact that she just made it up is impressive. I am kind of just venting and wanting opinions or advice.

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