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Curious

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  • Curious

    I would like to first say thanks to everyone. I have been on here reading for awhile and I have learned quite a bit. I hope maybe I can learn a little more as time goes by.

    My situation is that I am debating on going after custody of my daughter. She is 9 and currently resides with her mother. I am getting her every weekend and since she has moved back from another state, life has been great. I have paid every child support payment on time and even more when needed.

    My reasoning for my debating on trying for custody is over the lack of concern her mother has for her. She does not currently have medical insurance, and I have repeatedly requested the information needed to add her to mine, and was told that is not needed by her mother numerous times. She is constantly getting poor performance in school because her mother does not review the required documents that she is supposed to sign and return with our daughter to the teacher and the teacher ends up punishing my daughter. In addition, her mother has moved 4 times in the last 4 years (once across the entire country) causing her to transfer schools everytime. My daughter says she wants to live here all the time, but I know that is not a possibility. I just want to have more of a say in our daughters life and ensure her mother does not take her out of my life again.

    If anyone is familiar with what happens when I do this, I would be greatly appreciated. I know she will fly off the handle and possibly stop letting me see her every weekend, but I just have to ensure my daughters best interest in the long run is cared for.

    Thanks

  • #2
    Do you currently have a custody order in place?
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

    Comment


    • #3
      Yes, she currently has full-custody. The reasoning behind that is that I was in another state on a 6 month job when she filed and was never served a summons personally. It went to my parents house and my brother just put it up and I was unaware. I tried to fight that after the fact but did not have the finances to support the fees associated. I believe it was called a default judgement.(?)

      Comment


      • #4
        Okay. (and yes, that would be a default judgement)

        Now, in that custody order, are your visitation times spelled out? What I'm getting at is that if you decide to take this to court for modification of the standing order, she legally cannot deny your parenting time. So...

        Okay now....

        Medical insurance:

        Is your daughter healthy? What information do you need the mother to give to you that you cannot get yourself. Keep in mind that as you are the legal father, even if you are not the custodial parent, you have a right to any and all information/data as it pertains to your daughter. So, if you need the SS#, you can get that yourself. You don't need Mom to do so.

        School:

        Have you had a parent/teacher conference and discussed your concerns with him/her?

        Moving:

        Is there anything in the custody order that gives her the right to solely determine the residence of the child? When she has moved, what legal actions have you taken to prevent that move?
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          Thanks for your help. I appreciate your input.

          Answers:
          Visitation: There is nothing spelled out. It is very basic.

          Medical Insurance: Basically, I have most everything, but I apparently need her immunization records and some questions answered regarding her past medical history. (I believe this is for pre-existing conditions or something. It is Blue Cross so they nit pick everything)

          School: As for the Parent/Teacher thing, they would not release any information to me without the consent of the custodial parents permission. (I already tried calling the teacher, and although sympathetic, was firm in not releasing any info.) I did however, try and have a conversation with her mother about it, but that was like speaking to a wall.

          Moving: I could not find anything out either yeah or nay in the paperwork that says anything like that. As for preventing the move, when she moved the long distance, she lied to me and told me they were going on a vacation to a relatives of her new husbands. After only a couple of weeks was I informed that it was a move. I did not do anything legally at that point. That is what I am trying to do now, and prevent it from happening again.

          Comment

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