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ky26
10-25-2005, 05:08 PM
If someone has the chance to appeal to try and get their kids back but is not doing anything about it, is there a time limit to this? I went to fathers right and told them the situation and they said just leave it alone the longer the wait the harder it may be to get the children back. Any help would be great.

shedo
10-26-2005, 08:09 AM
Are you the mother?
Your question isn't exactly clear. But from what I understand, your ex (the father) has a chance to file a motion to try and get custody of the kids, right? I don't know the answer, but I would tend to agree with what you were told. If the father filed a motion to modify custody what was the reason? Usually the reason is that the mother is "unfit" to care for the children. If the mother shapes up and starts doing better, the longer he waits, the less chance he has of proving her "unfit". It is unlikely a father will gain custody unless the mother is unable to care for the children (or if she voluntarily gives up custody).

ky26
10-26-2005, 03:08 PM
No iam the step mother. My husband has had his kids for about 8 months. We have went to court 3 times since we have had them and she had no lawyer. She is not doing anything at this time to do anything. She just now got a job after all this time, because the trailor she was living in with her boyfriend is being sold. The kids went for their first therapy session today. The therapist called child services because of the language that she is using in front of them while talking to their dad when she picks them up. I didnt know that he was going to do that. So my question is the longer the wait the better the chances for us? I hate that they have to go through this at such a young age 3-4 or even at all its so hard for them to understand. I have been writing everything down its just her word against ours. thanks for the feedback.

shedo
10-27-2005, 09:00 AM
If the mother is continuing to be "unfit" and not improving her situation, the longer that goes on, the better chance of the father gaining custody. But by waiting, it also gives her a chance to get it together and in that case she very well could get the kids back. Don't give up. Good luck.

ky26
10-27-2005, 02:14 PM
Our lawyer said that we cant take her back to the court since the judge told her that when she was ready to try and appeal to get the children back then she could come in and try? Is that true? The judge ruled in our favor to keep the kids for now but we have been to court 3 different times to see if we could get full custody and she didnt have a lawyer and thats why he told her what he did. The last time we went to court was about 2 months ago. So our lawyer told us that we have to sit and wait till she takes us back. Mean while she isnt helping at all with the children which we dont really care because they are taking care of, the only thing with that is my husband is working overtime to support us and if she does get them back for whatever reasons then they will base his pay on what he has been working to take care of the children. And the lawyer also said that if we did take her back for temporary cs then the judge would look at it as if we wanted the money? Which is not the case cause we were paying her child support when we had the children and awaiting trial for 7 weeks and she kept every penny. But the judge said that we could get that back if we get them full time.

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