My daughter is 8, I had her for first 2 years of her life, then ex took her after I had a house fire and accused me of alcohol abuse - at the time i agreed to her staying with him until i could get back on my feet- now 5 years later his home is no longer best fit for her - she has asked to come with me - he plans to move across country. I plan to speak with lawyers in area but would like advise on what to expect, how to prepare, and what questions to ask lawyer. I would like to be as prepared as possible... Hoping someone has experience with this! Thanks!
2007-03-19 10:21:17 · 3 answers · asked by Dorrie J 2 in Family & Relationships ➔ Marriage & Divorce
a little additional info, when we went to court the first time the judge never show our case, during the mediation it was said that as i was without a home at the time (i had just lost my apartment in a fire) she would stay with dad - i didn't have a dime to my name, not in a position to fight, the paperwork basically just states that he had physical custody - it was completely unfair, i should have fought it harder... my daughter has asked over the years to come live with me but he would never allow her. since then we have both gotten married and have additional children, he plans to move because his wife misses her sister in TX... we have to go to court to adjust the visitation he's hoping we agree out of court, he has no idea i'm going to try to get her back.
2007-03-19 10:57:05 · update #1
When you agreed to let her stay with dad, was there some sort of written agreement giving him temporary custody of her? First, he cant mobve out of state with her without written permission from you or the court without just cause. Also is there a divorce decree giving you custody and was there ever a court date to remodify custody chnaging from you to him? If there is a divorce decree giving you custody and was never changed and the agreement giving himtemp. custody was verbal only then notify the police and give them details. You may have to go back to court to regain custody and he has to prove you had an alcohol problem and vice versa if you go on that his house is unfit. You can also petition the court to let your daughter decide who she wants to live with but dont coach her, it has to be totally her idea and if the judge senses shes been coached, he wont honor anything. This is kind of hard to give an exact answer without knowing the above answers to my questions. Too many variables, but hope this helps. Good luck
2007-03-19 10:46:49 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
I know several women this has happened to when they agreed to let their husbands take the kids and raise them it puts a brand on them as a unfit mother (not trying to be mean or say you're unfit )but if you get the judge you had when you agreed to let your children live with their dad you may have trouble unless you can prove your ex is unfit and you have redeemed yourself as a trustworthy parent.
2007-03-19 17:39:35 · answer #2 · answered by bluemist 4 · 1⤊ 0⤋
I don't think it is a good idea to sepeate from either of you. I would follow him to where ever he is going. I don't think it is a good idea for a child to grow up without either parent. I would explain to him that you are going to move where ever he is going. You both need to be a equal part of her life. I would just share custody.
2007-03-19 17:28:50 · answer #3 · answered by Alsign 2 · 0⤊ 2⤋