Posts Tagged custody

Stuck in the Middle of a custody Battle Need some legal advice Please help?

Wow Were to start Well I have bin with my Girlfriend for 3 years now. We have a fresh 8 moth old baby. And She Has a 6 year old Kid with Her X husband. I have bin suffering for 2 years now with here and her x fighting about there son. Im really tired of hearing about it and we get into a lot of fights because Im just so tired of hearing it. His father has bin out of his life for two of the 6 years and was ordered to go to rehab a number of years ago for drugs and alcahol and never even completed the rehab. He was alowed Visitation every other Weekend and thursdays. That was fine with my girlfriend. But what happend was about a week ago. My girl friend started getting anxiety and bells Polisy witch makes her face go knomb when shes very depressed and stressed out. Not to mention she has very bad eyesight. Well She took the kids to a soccer game last week and she had all her semptoms of her stress and bad eyesight. Her x called the cops saying she was drunk. But she doesnt even drink all she does is take perscribed Zaneks for stress. Well the cops came arrested her and gave her a drunk in public because she couldnt pass the eye sobrity test and the line. They arrensted her and took her in jail over night they didnt give her a breatherliser or blood test. Here X then schedualed a Imediate custody court hearing. And now her X wants 50/50 custody. And wants her to go to rehab and only have day for visitation a week that is supervised. What can she do we dont have enough money for a lawyer. I dont want to suffer anymore!!! AOrry for the bad spelling english is my second language

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I was awarded Full Custody of my son who was taken out of state by his grandmother. What are my next steps?

My son’s mother is a drug addict. When she did her last stint in rehab last year, her mother quit letting my son contact me. When she returned from rehab in late August, her mother had her arrested for domestic violence against her. While this was going on, the grandmother sold/abandoned her house and moved to Virginia. I filed custody papers immediately and was awarded full custody. What steps do I need to take to ensure no problems will arise when I pick my son up in Virginia? Can I just go up there and pick him up? Do I need the Police? Do I need to forward the court order to Virginia? HELP!!!! I want to pick my son up ASAP

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How do you feel about a situation where a baby is born to an out of wedlock mother who has already had custody?

of one child removed and given to the father. She would not abide by court orders after being given nearly two years to take parenting classes, go to rehab and get off drugs, counceling, etc., and was arrested for harboring a fugitive during the time. During these four years after the first child, she miscarried one, and had a new infant. Upon birth, she knows who the father is sure enough to tell friends, but she does not tell the father. She lists “father unknown” on the child’s birth certificate. Should she be allowed to take another child home? What do you think about not listing the father or at least a paternity test? Should our laws allow such as this to happen? She has no steady job, no drivers license, no vehicle, and is currently living with prestigious parents that have thrown her out of the house three times.
She would not consider abortion.

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Can anyone give me advice on a custody case i have already in force?

I have sole custody of my daughter and her father has supervised visitation due to a history of drug addiction. He was court ordered in 2004 to drug test weekly (random) and still to this day has not. It was recently extended to 1 year which initially he only needed to complete 90 days. just last year he completed a 90 day rehab (his 4th attempt) and then right after was arrested and went to prison. Upon his release his parole requirement was drug testing, except it is very random, like maybe once a month. He is insisting that this will satisfy our custody court order even though ours is and has been ordered to be weekly (due to his drug of choice). I think thats ridiculous, but was hoping for feed back. Doesnt his parole requirement have NOTHING to do with his requirements for our custody order?
Actually im pretty sure he has been doing the testing for his parole requirements. He is doing good right now. I do hope it stays that way, but ive gone throught this long enough with him to know that a few months clean mean nothing. that is why i am hoping our order will be enforced. i just need to know as a mom, that my daughter will be 100% safe when and if the supervisions ends.
also, i dont know who his parole officer is, so that doesnt help me any. :(

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If my baby’s dad won’t get treatments for his alcohol problem, will there be a chance I can get full custody?

My baby’s dad is an alcoholic and I know his liver is damage from his drinking, not only that I got an PFA on him for his abuse on me. I don’t want to hurt him with the baby I just want the courts to help me to order him to get treatments for his alcohol, depression and there is a chance that he is bi-polar. He is not ready to be a dad but he did watch my other son, while I worked on the weekends. The only bad side is he left my son home alone so he can go to the bar to drink and that is when the abuse started. I had to come home from work and did not make money because of his drinking. I want him to have supervised visitations because he will drink if he does not have his visitations supervise and with his drinking he will not be able to care for our baby. I going to file full sole custody of the baby next month so when the baby is born my attorney can schedule a hearing date for custody. Should I file child support in the baby’s dad’s condition. He has threaten suicide on me.

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any advice for a single father fighting for custody?

i had my son for about four years now, but it was only a verbal agreement that i start him in school, and lives with me because we live in different counties, she has 2 other children with 2 different dads, a couple years later she got into trouble with cps being drunk and leaving her youngest in the house unintended, unfortunately the cps had to check me out as well for months. they found nothing on me, and eventually the judge awarded me physical custody, she was in and out of rehab twice during the last year and a half, in February she finished her last phase of the court ordered rehab, now she wants custody and hired a lawyer, she said some very bad things about me, however she has no proof of anything.the problem i face is Sense this all was court ordered she was under her best behavior, because the dhs was watching her the whole time, so as far as getting anything on her will be very hard, will the judge look at her past or look at it as she is clean and sober now. i only think she is staying sober until the court is done. i moved farther away from her but within the 100 mile rule. and she is using that as leverage because i never asked permission. i live in michigan. any help would be appreciated.

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Divorce, Domestic violence, alcoholism & custody?

My husband took the classes for domestic violence, went through probation and was released, then free to start all over again. He was drunk went after one child and I tried to protect my child. It was like prison after that awful nasty things he did to me and the kids. He threatened to kill me and I called the police. x-mas eve. The police came 2 hours later , felt sorry for him! Said let him sleep it off. We were really scared after they left. We left x-mas day, never returned. People say leave, protect your kids.. etc. I left with my kids and left everything that I owned. Nothing was joint. Almost 5 months cant get anything except working out visitation to the benefit of the father. The only one he can manipulate is 6. The older ones dont want to even talk to the father. Do you think its fair to throw the little one back into his hands without any protection? All the the websites and stuff out their for help for domestic abuse…is this common?
Zaza, Pea brains? Did you even read the post?
The man has 2 duis, 2 domestic violations, 1 line cutting, no drivers license, 2 teens who dont ever want nothing to do with him, a PPO on him and there is still a chance he might get visitation! The only bad thing he could come up with was saying I was gay. Which was a lie. It was a way to humiliate me more in front of kids and family etc.

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I am going to request full physical and legal custody of my son…?

and I am sure that his father may argue this. I don’t want to keep my son from his father at all, but I am wanting to accept a job offer out of state, and if I stay in California, I don’t think it will be healthy for my son. His father is an alcoholic, and just got his 3rd DUI. He still continues to drink, and refuses to get help. He says he’s getting help, but he’s referring to his court ordered classes that he takes with the DUI school! He is still drunk some nights when I call him.

How will the court approach the alcoholism, and can I use that as a reason that I don’t want him to have full custody? I’m totally all for visitation, and have done all I can to ensure and support their relationship, but I have seriously had it with the drinking and don’t want my son around it! What can I do to ensure that he isn’t exposed to it?

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Should I try for full custody? Alcoholic ex and emotionally abusive?

I was married for 11 years and we divorced a year and a half ago. Were both remarried. When I was with my ex he physically and emotionally abused me and emotionally abused the kids. I had him arrested and filled restraining orders. When we finally divorced i just did joint physical and legal custody. I have them for a week and then he has them for a week (same school district). He is drunk most of the time and tells the kids horrible stuff about me, the girls stay locked in their rooms at his house most times because he is so mean. he has never physically hurt them but he screams and cusses and them and tell the older one (10) that she is a slut and a b**** like her mom. Him and his ex constantly text me 100′s of texts a day threatening me and cussing me out. He subtracts all kinds of stuff my my child support and I end up with nothing. I finally changed our phone numbers and have court ordered withdrawals from his check. He drives the girls around when he is drunk, and he still comes over to pick the girls up for his time and when he’s drunk he’ll go into our garage and shed and take stuff from there saying it’s his. I have had to call the cops a few times on him. He also beat his new wife and she called the police on him and he had a mandatory stay in jail for 12 hours, she didn’t file any charges. He is crazy….he even called the police when she was going to move out and said the car was stolen, so they pulled her over thinking she stole the car until she could prove it was hers. In the divorce I got the house but he still considers it his, he constantly tries to get a hold of my new husband to threaten him and wants to fight him especially when he is drunk…which is most of the time. I DO NT WANT MY GIRLS OVER THERE. one is almost 13 and she will be able to pick where to go, but they still want to go there because he does stuff for them after they are scared and don’t want to live there anymore: like buying new puppies, buying them stuff, taking them places etc. but he never apologizes and I can tell how much it affects them and I’m scared to death for them when they are there and I dont hear from them.
What can I do. Family Services said if he is drunk, his wife is still there so someone is there with the kids. There has to be something I can do, even though I know the girls will hate me for awhile. They know how he is and remember how he use to hit me and how mean he is to his new wife and how he says horrible hurtful things to them…..someone please help. I live in missouri

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Child Custody and Alcoholism?

I’m due to give birth next week and I am no longer with the father because of his heavy drinking. I want him to be in my sons life as a positive role model but I am scared for him to have private visitations. How am I supposed to provide proof to the courts of his alcoholism? And will they order him to get treatment before he has unsupervised visitations? He does have 2 DUI’s but they are over 10 years old.

I live in Massachusetts

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Can my dad leave custody of two small children to his oldest daughter of 33?

I am 33 years old and have a 6 year old sister and a 7 year old brother. My father has sole custody of the two smaller children, and has been told this week that he has a very aggressive growing cancer. The mother of the children has been court ordered to go through AA, parenting classes and drug rehab (4 years ago) and has not done anything. She does not support or see the children. Do I have to hire a lawyer and fight her if my father dies before I get anything done, or can you leave a will and leave the children to me? Does anyone know the answers?

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live in florida (6th judicial court) going for sole custody of my daughter?

anyone in pinellas county florida! i’m going for sole custody of 7yr old daughter. ex is abusive alcoholic…i have 8 police reports (domestic violence, 1 battery w/daughter present) photos, several witnesses, and police testimony. he was also hospitalized for severe alcoholism. now he is out of state and left my old residence abandoned..he is seeking sole custody also b/c i will not let my daughter speak w/him. he has been abusive to her in the past as well, and continues to be abusive and controlling towards me. i also have 2 dvi’s (dropped due to promises to go to rehab) on him also…what are my chances for sole custody??? he never gave a damn about his daughter.

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I am in the middle of a divorce. My wife, who just got out of rehab was given temporary custody of our baby.r

I am fighting for full custody, due to wife’s addictions. She’s leaving our baby, who is now 22 months, with my wife’s mother. This woman had performed such acts of abuse on her own 3 children that they were placed in foster homes a number of times. We’re talking about tying kids up, putting a gun to their heads,and threatening to kill them. She also took part in wife’s rape before she was 12 years old. When we went to court for temporary custody we did not have wife’s psychiatric records. We now have these. My wife’s records reveal all of the aforementioned. My attorney says there’s nothing we can do at this time. She said that since my wife is the custodial parent, that she can leave baby with whomever. Does anyone have any suggestions about any actions I might take. I have begged to allow me to keep her, but she says she will not deviate from the court order, which only allows me 1st and 3rd weekends. It also states that I may have child at any other time agreed upon by us. Thanks

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Violation Of Custody Court Order?

My ex and I have a five year old together. He sued me in court for visitation rights two years ago. The courts granted him every other weekend. He stopped coming to get her after coming twice. When he would get her, he would take her to his mother’s house and my daughter wouldn’t see him until it was time for him to bring her home. To make a long story short. He went back to jail last year for one year, for possession of a hand gun. He came home and I received a letter in the mail stating that he is suing me in court for violated a court order. What should I do? I do not want him seeing my daughter because he has never stayed out of prison for one year since his 18th B-day. He always get high and he even was in an out-patient drug rehab while he was able to see my daughter. We live in the State of Pennsylvania and we were never married.

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What can be done with this child custody case?

A friend of mine has a 7 year old daughter who has been in his care for all of her life. Her mother stopped visiting her 2 years ago (she was 5) and has not called, stopped by to see her or contacted anyone about her daughter since that day. Two years later she filed kidnapping charges on the father of the child. At the temporary hearing, full custody was granted to the mother. The court ordered that the father immediately withdraw the child from her school, her home and her extra curricular activities to resume her life living under her mothers roof. Keep in mind that the child had not seen her real mother in two years (she was 5 years old at the time) and had grown accustomed to calling her step-mom “mommy”. The child didn’t even recognize her real mother. Her real mother was married to but seperated from another man at the time of the child’s birth. The father of the child has been living in the same house for more than 5 years and has never changed his phone number, nor have his parents. The mother claimed she did not know how to contact the father in order to see her daughter. What steps should be taken now for the child to be placed back in the care and custody of her father with whom she has been comfortably living with her entire life?

Note: The mother has two other children by two other men and is married now. She has a criminal record, a suspended drivers license and a past history of drug abuse and alcoholism. The child’s father works as a 911 emergency dispatcher/paramedic/firefighter and has had a steady job since he was 18, he is now 29.

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As an adult sister-how to get legal custody of 9 year old brother?

I’m 23 & have been living on my own and supporting myself since I was 17 years old & I’m doing pretty well.
My mother has always been an extremely abusive alcoholic and when I was a minor she severly physically, mentally, and emotionally abused me. I have a 9 year old half-brother who lives with her(neither of our fathers are in the picture).She doesnt physically abuse him but she neglects him and emotionally abuses him. She is drunk since the early morning sometimes and he is terribly afriad of her and wants to live with me.However, she has a nice home,a car, & makes sure he always has food and clothes.Its more about the fear and lonliness she makes him feel. I want to try to take her to family court to get custody but do I have a case here?The home he lives in is fit and she is able to hide her alcoholism very well and not drink for days at a time, sometimes even weeks.But it always comes back worse then ever. Would I be able to prove she is unfit? Anyone that knows law,please help.

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can a father sign over custody to his wife?

My husband has twin boys from his first marriage. His ex wife has caused alot of hell and abuses drugs. Not to long ago he recieved a phone call that his children were in danger because she owed a drug dealer. My husband handled his stress the wrong way and got drunk and got into some trouble. Since then he has attended counseling and alcohol treatment to learn to handle this stress appropriatly, he does done very well with his treatment and has controlled himself well. His ex wife filed for sole custody after she found out he got in trouble and we have to go to court tomorrow. Even though he went through the treatment and has been doing good he still has to serve 60 days in jail starting Sept. 1. Here is where it gets complicated. We have finally have proof of her drug abuse through medical records our lawyer got. She went to the hospital and after she tested positive for cocaine and marjuiana she checked herself into the psych unit and then checked herself out because they wouldn’t give her narcotic. The hospital said that she defintily has a drug problem all throughout her records. Therefore the children are in danger with her and her parents because her parents kept taking her to the hospital to get narcotics. Our question is that since we have this evidence, and the children are already used to spending every other week with us, Can my husband sign over his custody to me while he serves his 90 days? They have joint custody, but she is a danger to them and he is very concern. He says that he knows that he needs to suffer the consequences for his actions, but he doesn’t want to have to worry about his children everyday. I have no drug abuse history or anything on my criminal record. After his 60 this issue with him is done. Can we do this so I can keep the kids safe?
He only has to serve 60 days not 90 sorry. And he doesn’t have to check into the jail until Sept.1 so he is out right now.
he wants sole custody, but with him having to go to jail she says that she will get custody. So he wants to sign over custody temporarily to me so I can care for them while he is gone and when he gets out he will fight for sole custody.

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Getting Custody of my Brother?

HI, I am 24 yrs old, married, own my home. My husband makes good money, I am currently looking for work. But my question is this, my little brother is 14. He currently lives with our mom. She is a crack-head literally. And his father (my step-dad) just passed away a month ago. So she has full custody of my brother. I am trying to see what I will need to do, and how difficult it would be to get custody of my brother. My mom has already been to jail, 3 court ordered rehab programs, in 2003 was charged with child endangerment. She has a court record that is a mile long. She is currently still using everyday, she recently has stayed gone for almost 24 straight hours, leaving my little brother home alone over night. With this info, which I can include more if you would like. But with this, what is the best way to go about getting custody of him. He is 14 and has said that he would rather live with me. What are the steps I need to take? What is the likely hood that I will be granted custody?? Any info is helpful! Thanks
We only live about 10 minutes from each other. She will never sign any custody papers to me. She will fight me with everything that she has.

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How can I change which one of my parents have custody of me?

I am 15, and my parents currently have 50/50 custody over me and my younger sister. We spend one week with my dad, and then one week with my mom, etc. My dad, under my parent’s divorce degree, is not suppose to be drinking while we are at his house, but he is an alcoholic and has been drinking for the whole 5 years that my parents have been divorced. My dad is very unreasonable, and is always taking his anger out on me for things that hes mad at my mom about. He was previously abusive with me, not my sister, but has not been recently. I can’t talk to him about anything, because he is always accusing me of being a liar, and doesn’t usually let me leave the house. If we have snow days, he comes up with any excuse he can to not let me leave the house, while he lets my younger sister do whatever she wants. I am really sick of having to deal with him, and would like to live with my mom full-time. The judge said that i would be able to make this choice when my parents feel it’s appropriate, but my dad went to court to have it put in the divorce degree that I cannot choose for myself until I am 18. Both my mom and I think that this is very unreasonable, and that I should be able to choose now, but there is no way that I can sit my dad down and talk to him without making our relationship absolutely horrible. My dad always thinks that anything I say is something that my mom told me to say to him, which is never true. I have been wanting to move out of my dad’s house since the 5th grade when we first started going from one parents house to the other on a routine schedule. I want my mom to have full custody of me, but I don’t know how it’s possible if it’s written in the degree that I can’t change that until I am 18, but at that point it will be useless because I will be away at college. I am wondering if there is anything else I can do so my mom has full custody? And, would there be any consequences if I were to have one of my friends help me move all my stuff from my dads house to my moms house while my dad is not home, and then just tell my dad that I am not talking to him anymore? Would my sister have to come with me? Currently, she has no idea that any of this is going on. She is starting to not like it here, but I do not think she is to the point where I am, where I cannot stand it anymore. If i left and she still had to spend dad’s weeks with him, he would probably be very mean to her, because I would not be here for him to pick on. What should I do to make this as easy as possible for both of us? My dad has always effected my school-work, by doing things such as not signing papers that I need to turn in, not giving me time to complete my homework by making me do chores the whole night, and not driving me to mandatory school functions. I take extra classes after school, and he has just recently decided to pick me up from those so he would not have to pay my mom eight dollars a trip, but makes me wait at the school for an hour after I get out of my last class. I also take half of my classes at the advanced science and math center in my district, and have not been able to attend one after school function for that school because my dad refuses to drive me. I need to attend these things for the chance of getting scholarship money, and he has not helped one bit, and has already made it clear that he is not going to help me pay for my college education. I need to get out of here so I can do the things that I have to and would like to do with my life, but cannot think of any easy way. Is there something else I can do?

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Can I use wifes infidelity and alcoholism in custody case?

My alchoholic wife has left me and our 2 children for the second time. She is now seeing a deadbeat alcoholic. She voluntarily signed full custody of our 10 yr. old son and shared custody of 5 yr. old daughter to me. Wife has been told by her doctor a few times that she needs to go to rehab to dry out, she also take anti depressants. She has also been told by 2 different alcohol counselers that she needed rehab which she never done. I want to get full custody of my 5 yr. old cause of unhealthy situation at her mothers and wondered if her medical records and counselers records can be used in custody case at Family Court.

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