My husband has custoday of his son, he has had custody of his son for 7 yrs now without any financial support from his ex at all. She is always taking control of the situation, and always threatening to do something if my husband doesn't do it her way. Scared that if he doesn't do what she wants she will file for custody, he lets her get to her. Although when down at her house, his son witnesses physical fights with her and her new husband, and she bad mouths her new husband and his children. She doesn not even want her son with his kids because she says they do not get along, nor does her son and her new husband. Well my question is how could she get custody. His son has even said that his new step dad yells all the time at him (which I know all kids need discliplined), but he has come to us and told us that he has been hit by the step dad. SHe picks up and leaves even when she has visitation wth her son. Would the judge still grant her custody if she fought for him???
2007-01-31 14:48:32 · 8 answers · asked by curious 1 in Family & Relationships ➔ Marriage & Divorce
He is 10 and I think it is 12 they get to choose who they want to live with, am I correct? Well that is another thing she is always asking him to come live with her, which I dont think she should be putting that kind of pressure on him. He says he wants to be with them both, he doesn't want to hurt any of their feelings. If she doesnt want him around her husbands kids, then what would be the point in having custody of him? And to answer the one question, yes she does like power over my husband, but she is finally realizing that I know what she is up too, unlike my husband.
2007-01-31 15:14:30 · update #1
Lawyer
2007-01-31 14:51:40 · answer #1 · answered by zen522 7 · 0⤊ 0⤋
Judges in PA tend to side with the mother. But sometimes that isnt always the case. They really do or at least are sapposed to look at the facts. But they wouldnt just go by what your husband or you says, they would have to investigate more into it. Its a shame that things are the way they are right now. My advice would be to go see a lawyer, and if you cant afford one, in Pa (depending on the county you are from) offer free lawyers depending on your income. It wouldnt hurt to go and find out what your shot is at her not getting custody. Good luck!
2007-01-31 14:56:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
if a judge gave her custody there would be a big problem, for what you say about her son getting hit and all the yelling its very unhealthy for him, she is just making threats, she probably makes threats so she can have power, for your step son just love him and make sure you show it and he will find your home more comfortable, and if she ever follows through her threat of custody, her son could tell the judge why he would rather be with his dad, im worried that the abuse going on in her house will frighten her son, check him everytime she brings him home for bruises etc. he is just a child, and she needs to know that she cant get away with her bullcrap mouth, and tell her when she decides to grow up she will see the life through her sons eyes
2007-01-31 14:59:43 · answer #3 · answered by Sparky 6 · 0⤊ 0⤋
Keep records of EVERYTHING she says and does. Keep a journal that you can recall later to tell a judge this happened on this day. an example... she missed this scheduled visit or her current husband hit her while your son what at her House on this date and he came home and told you. In court it is MUCH harder for a dad to get and keep custody. Its unfair but true. you want to keep you son from as much drama as you can, but you seem to know that already. But if she gets dumb/ brave enough to take your husband to court you should have any proof of how poorly shes been treating your son and what is happening in her home. Her word against your husband is not a good way to have to be if you get to court. Good luck
2007-01-31 18:53:50 · answer #4 · answered by survivedlasvegas 2 · 0⤊ 0⤋
first of all get a lawyer and have her visitation terminated.. and then no I don't think there is any judge in their right mind that would grant her custody.. depending on how old the child is IF she were to sue him for custody the court will talk to the child to see who they would want to stay with and if the child tells them what goes on when he is there on visitations no judge would grant her custody and would probably even terminate her visitation immediately or at least order her visitation be supervised from then on..
2007-01-31 14:57:51 · answer #5 · answered by Mouseling 3 · 0⤊ 0⤋
I highly doubt it...plus your husbands son should not be abused by his mothers current husband! She should be paying child support...but more importantly, the child should not be forced to go there for visitation when he's being exposed to so much negativity
2007-01-31 15:12:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you do no longer might desire to do something everlasting i do no longer think of, yet you may probable want a capacity of legal expert so as that your caregiver could make legal and scientific judgements for you in basic terms in case. lots of the time, that is not any longer mandatory as long because of the fact the college is familiar with of who your parent is. i've got self belief the time-honored public college districting rules contain your residence, so i do no longer think of you run into hassle there. i won't be able to offer you a definitive answer, yet you will possibly finally end up shifting regardless of what occurs whether that is that considerable.
2016-11-02 00:34:17 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I doubt it, but you should contact an attorney and ask them.
2007-01-31 14:51:22 · answer #8 · answered by mamabear 6 · 0⤊ 0⤋