cates57000
04-21-2009, 04:06 AM
About three years my step daughters mother was with a man that physically and mentally abused my step daughter and her three other kids. We went to a lawyer and asked for custody of her. She signed over papers to us and we have had her ever since. She was not required to pay any child support but it stated in the custody papers that she needed to support her 50/50. Well in the three years we have had her she has not paid a dime to help in anyway. My step daughters mother married this man that hurt her kids just so her kids could go visit her, because when she was just living with him and not married we would not let her go over there. Well this relationship ended up in a divorce. She moved out and went and lived with her mother. After staying there for awhile she got an apartment and met another new man who she brought into her kids lifes. She stayed there awhile and then moved from there to live with her dad. Then she decided to go back to college so she got an apartment and goes to school full time and her dad helps her pay bills because she has no job and she has yet again another new boyfriend who she brings into her kids lives. Anyways to make a long story short....she is wanting her kids back now. And my husband and I are wondering what kind of chance we have if we go to court and fight for my step daugher. We already have custody of her but she is 13. Does that give her the right to pick where she wants to go or will the judge look at the stability in her moms home? My steo daughters grades in the last three years have improved dramatically she went from making f's and d's to making a' and b's. She lives in a structured home here and has stability. Any advice would be great!
About three years my step daughters mother was with a man that physically and mentally abused my step daughter and her three other kids. We went to a lawyer and asked for custody of her. She signed over papers to us and we have had her ever since. She was not required to pay any child support but it stated in the custody papers that she needed to support her 50/50. Well in the three years we have had her she has not paid a dime to help in anyway. My step daughters mother married this man that hurt her kids just so her kids could go visit her, because when she was just living with him and not married we would not let her go over there. Well this relationship ended up in a divorce. She moved out and went and lived with her mother. After staying there for awhile she got an apartment and met another new man who she brought into her kids lifes. She stayed there awhile and then moved from there to live with her dad. Then she decided to go back to college so she got an apartment and goes to school full time and her dad helps her pay bills because she has no job and she has yet again another new boyfriend who she brings into her kids lives. Anyways to make a long story short....she is wanting her kids back now. And my husband and I are wondering what kind of chance we have if we go to court and fight for my step daugher. We already have custody of her but she is 13. Does that give her the right to pick where she wants to go or will the judge look at the stability in her moms home? My steo daughters grades in the last three years have improved dramatically she went from making f's and d's to making a' and b's. She lives in a structured home here and has stability. Any advice would be great!
Judges tend to go with the status quo, especially when a child is doing well where they are.
At age 13, sometimes a Judge will allow a child to testify, but the Judge will not make a decision based soley on what a child wants.
Since your husband has an order for custody, he doesn't have to do any thing until his ex files to modify that order. When she does file, your husband can request a GAL (guardian ad litem) if he feels it's needed.