Child custody?

Question

My sister has a 5 year old and had shared custody with her ex, he used to get my niece on weekends and holidays, my sister moved to another state got married and has a 1 year old now. Her ex asked for full custody and the judge gave him my niece because they say the child should stay where she was born. He never changed a diaper when my niece was born he never gave money for anything, for her first birthday the only thing he bought was a case of beer and has made my siste's life miserable. She doesnt have a job here so she cant move back, she is going to school and her husband has a good job, she can afford to stay home to raise both of them. Do you know of any other way she can get custody back?

Im not looking for legal advice, she has a lawyer but they say the child has to stay here, I just want to know if somebody has been in a situaton like this

Answer 1

It sounds like you sister needs to get another lawyer.

If she is married and can provide a stable secure life for her daughter, then she should be entitled to have her daughter in her care.

Is the ex married? can he provide for the little girl in the way she needs?

I would definatly seek a second opinion.
I cant understand why the judge would just hand the child over to the father, when your sister can provide a sound life for her.

Good luck and tell her to never stop fighting for her little girl.

Answer 2

A couple things here doesnt make sense. I have never seen nor even heard of awarding custody based on the childs birth state. You state the judge said the child "should" stay but that doesnt mean anything set in concrete so there should be another reason as almost all courts will award custody to the mother unless there are child or drug/mental abuse charges against her. Also if her attorney agrees with the judge Id fire him and find a more aggressive lawyer. Sounds like a small town legal system where all are in cahoots with each other. The rest with the diaper, and miserable life are only dramatics to the court and dont mean anything. These are not good things to use for a remodification custody hearing. Basically now she will have to prove him as an unfit father which is detrimental to a safe and good environment to the child, like drug usage, child abuse etc which has to be backed up by hard evidence like police reports or medical records. This is not an easy task but most of all unless you really have something that will help you, dont waste the courts time because if and when you do have something against him they wont hear you. Maybe he will realize that raising a daughter is more than he can handle and return her to your sister, otherwise theres not much you can do. Sorry, but good luck

Answer 3

I know that more and more judges are finding for the father, but something seems to be missing.

I have a hard time beliving that a judge would take a child away from it's birth mother without motivation other than "that's where it was born" that sounds like nonsense to me. Usually the father has to prove the mother unfit and even then, judges have been known to side with the mother over the father due to social stigmas.

Another thing I've heard of, is if there's a custody battle and she moves out of state DURING the custody battle, that looks bad on her and I have known a case (happened to a friend of mine) that the father got temporary legal custody until the case was over. If that's what happened here and after she moved the case was final and the judge decided that it's best she stay with the father, she might be out of luck.

But she needs to talk to a lawyer plain and simple. You don't mess around with things like this.

Answer 4

Well, if the judge gave him full custody, it more than just location. Something else is going on. If she moved and remarried, especially out of state, there should be some sort of shared custody (like summers and holidays) that she can be with her girl. If the courts assigned the father full custody, then chances are she will have to go back to court to change the custody agreement.

Answer 5

there's no such ingredient as a protection force divorce. All divorces are civil concerns. though, the quantity of kid help is in holding with income. If there's a court order in position that states how a lot toddler help he could pay, then it really is what he desires to pay. the purely way he might want to petition the courts to diminish the quantity is that if his circumstances replaced and he by wonder began making heavily a lot less funds. As for sending extra funds on each and every occasion his ex asks for it, he's not obligated to attempt this and he's in truth a fool to take action.

Answer 6

Your sister needs to talk to a lawyer. Looking for legal advice on here is like asking a trained monkey to diagnose an illness. ;)

Answer 7

Every state has different laws, so look them up, but generally you would have to prove he his an unfit parent. That includes abusing the child, molesting the child, not feeding the child, neglect, it probably will be hard, but tell her to never give up.

Answer 8

if your sister can prove that her ex in an unfit father (doesn't pay attention to the child, always out of the house, leaves the child alone, drinks/gets drunk in front of the child, etc.)
good luck!

Answer 9

Something sounds strange - they let children move out of state all the time. I would check you state law concerning this.

Answer 10

She should talk to her lawyer.