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Turn over in custody?

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amortoninc

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Joined: 03 Apr 2008
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Turn over in custody?
Posted: 04-03-08 14:51pm

My Husband and I have been married and living together for two years. He has a five year old daughter from a previous marriage. The custody was listed in the property settlement agreement of the divorce decree. The mother has refused reasonable visitation as it states (she does have sole custody) and refuses to live with the child. We have pleaded with her to raise the child but she sees no big deal in leaving the child with her parents. Now that we also have a child and a very stable lifestyle we have petitioned the court to move the case down to juvenile domestic court. On top of not living with her when she does see her she brings her to these filthy dirty trailers, that have bugs, mold, cigerte ashtrays filled to the brim, trash all over the place, and i'm sure other vermin from the looks of it. She dresses my stepdaughter in rags, refuses to do her hair, and lets her run around with no shirt on or shoes at age 5 when we have spent thousands of dollars on beautiful clothes for her. All we want is for her to have a stable lifestyle that will mold her into a productive asset to society. Do you think that on those grounds sole custody would be turned over? We do not want to take her away from her mother, we just want to protect her. She has made comments to me such as, "since mommy doesn't want to be my real mommy will you be?" it breaks my heart, but I'm not sure if this is enough for custody to be turned over. We feel as though she should be living with one of her parents, but her mother feels otherwise. Is this a solid case for a turn over in custody?
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mominashoe

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Posted: 04-03-08 15:15pm

You bet it is!! You will need a lawyer, but it is obvious that this woman should not have the charge of her daughter. The fact that your husband has married you and has settled down to a good and stable life means that a court would probably reconsider it's decision, especially with a monster mom on the other end. Even if she doesn't end up with her father as sole custodian, it's better than living with her mom 24/7. Not only that, someone like this should have a lawsuit filed against her for child abuse and neglect....I don't know why that has not been done before.

Don't worry about "taking the child away from her Mother". If what you say is true, the woman has given up her rights and privileges in this situation.

The daughter's testimony would be very important in a case like this because she is old enough to know some of the things that are going on and how her mother is treating her.

I would be really great if you could be her mommy...it seems like you really care about her. Anyone can be a Mother, but it takes someone with a heart to be a Mommy.

Good luck!!
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Fairy*Godmother

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I agree
Posted: 04-03-08 15:24pm

I agree with MOMINASHOE! Find you GOOD attorney, one that specializes in family law and knows what they are doing. Ask around, but you have a much better chance of getting custody than where this child is now. My heart goes out to you, your husband and this child. Has local family and childrens services ever been called to the attention the sitauation/circumstances this little girl is having to live in? Pictures and documentation will stand up in court. You are NOT taking her away from her Mother, you are offering a better quality of life. You are something special for stepping up to the plate for this child.I was once a stepmother too, and there is nothing I would not do to this day for one of mine! If that meant going to court (which I did and won) to prove I could provide a better, more stable home.....the go for it with BLESSINGS!
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