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My son is 5 and daughter is 9.. Is this too early for them to be without me full-time? The father wants to fight for full custody. My kids keep saying they want to live with me as well. I don't want to do any emotionally dammage to them and I hope he doesn't end up winning in court because I want them with me full-time.

2007-06-27 13:32:55 · 11 answers · asked by Amy 1 in Pregnancy & Parenting Adolescent

The father has them for the summer months, this summer he decided to enroll them in yearround school against my wishes and littering the court documents with false accusations like I'm homeless and making it sound like I'm a bad mother who neglects and abuses the children. I'm not worried about that because it's untrue, the part that worries me is that he got an attorney for this battle. I have always been compliant with letting him have the kids but then he turns around and does this because he caught wind of the fact that I was considering moving to Arizona.

2007-06-27 13:47:06 · update #1

In response to one below, NO I was not going to leave to go to AZ without telling the father of my children. Infact I had contacted him to talk about that situation but he informed me that I would be getting served with papers any day, and I did a few days after. He has not played an active role in their lives and i had always encoureged any time he did want to spend with them.

2007-06-27 16:56:44 · update #2

11 answers

As long as you have been a healthy parent, and as long as the kids really want to be with you, the judge would have no reason to grant your ex his request. Good Luck!

2007-06-27 13:38:16 · answer #1 · answered by serendipity_siren 5 · 1 0

He's probably mad at you, or jealous that the kids like you better. If there's no reason that your kids should be taking away from you, then don't worry. Especially if they want to see you. If you go to court, tell the judge/your lawyer all of these things, like how he enrolled your kids in a school without your permission, etc. He's being a selfish jerk and he's not even thinking about his own children first. Plus, he can go to jail for lying on legal documents & on the stand. YOU should probobly get full custody seeing how he is.

2007-06-27 22:12:29 · answer #2 · answered by Xx_kiwi_xX 5 · 0 0

if you have custody now, and he has no evidence to prove that you are an unfit mother or a danger to the kids, then he cannot get a change of custody. Are you taking good care of the kids? Fulfilling all your court ordered duties and making sure he gets all his visitation? If you are doing all this then you likely have nothing to worry over.

2007-06-27 20:37:37 · answer #3 · answered by parental unit 7 · 0 0

In order for him to get them fully he has to have somthing on you that will make him have them.
The court will not take kids away from their mother if the mother is doing nothing wrong.
My husband has full custody on his 5yr old son, because when he was 18months old she (the mother) would leave him at a babysitters for days, and when she would go to see him she would come in long enough to say hi and bye.
Good Luck!

2007-06-27 20:39:16 · answer #4 · answered by Princess 2 · 1 0

Sounds as though this is a job for the courts.. And I still believe in the Justice System as to weeding out the truths and untruths between both parents.. You say the kids still want to live with you though as if they want to be with dad as well. Even though they are still at that young age of adolescents and only act upon their immediate endeavors between parents leaves me to stay out of it and leave it to the courts. Because you admit yourself that you were considering moving out of state without the fathers knowledge?? So I say get a lawyer and trust they wont take all your priviledges away from you.. 5 and 9 huh.. lol Only at your Five and Dime store is this possible! goodluck to the truth and justice of our systems that try to make things work for those who can't on their own in the massive reality of our civilization(s).. Gooooooo U.S.A.

2007-06-27 21:19:20 · answer #5 · answered by beemzz6 3 · 0 1

If they live with their father he won't have to pay child support and you may have to. Child support is a two way street. Will he be able to be with them full time ? The courts will have to figure that out and no matter who wins it will be hard on the children.

2007-06-27 20:41:54 · answer #6 · answered by John P 6 · 0 0

Can't you agree to joint custody?
This works well for many situations.
I know of a few kids who are w/ mom half the year and dad the other half. One kid even switches school half way through the year. Others spend all summer and half of their breaks.
I would do all you can to fight for your children.
Most of the time , unless there are certain reasons, they will award joint custody!
STAY STONG......
GOOD LUCK =)

2007-06-27 20:38:03 · answer #7 · answered by Jenblossom 6 · 0 0

the kids can come to court and say who they want to live with...
i was 9 when i had to do that..
they cant award him full custody if you are a fit mother.. meaning you can provide for them with no struggle..
fight him to the death!! dont let him take your babies away from you!

2007-06-27 22:26:46 · answer #8 · answered by Mimi 4 · 0 0

I was 7 and my brother was 4 when my parents got a divorce. My dad got custody and my mom saw us every wednesday and every other weekend (as we got older, it was every weekend)

i turned out just fine.

If you want to see the kids for the day, just call the dad and ask. They are your kids.

2007-06-27 21:21:48 · answer #9 · answered by Skyleigh's Mom :)™ 6 · 0 0

The only way he'd win that fight in court is if you're an unfit mother, so just be squared away all the time. Fight for your babies! :D

2007-06-27 20:37:57 · answer #10 · answered by MamaBear 3 · 1 0

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