Monday, May 17, 2010

Two daughters ages 7 and 9..custody issue.. I need serious suggestions, please.?

To make a long story short, my ex-husband adopted my 9 year old when she was 6 months. We then had another daughter who is now 7. In the divorce, he basically bailed on my eldest and had a long custody battle with my youngest. We were best friends for 5 years prior to marriage and it did get ugly in the custody issue. He is now remarried and has a 5 month old son. In the end, we agreed we would share custody 50/50. We decided she would attend school in his district which is about 20 miles from where her sister and I live. I never did recieve a final custody agreement from the judge. Each time she comes, she fight tooth and nail to not go back, wants to go to school where I am and her dad won't "let her". I know she belongs here. She is not being mistreated, but it tears my heart out for her to cry. I'm out of money. Anyone know what legal rights I have or who to talk to in order to get her "home"?

Two daughters ages 7 and 9..custody issue.. I need serious suggestions, please.?
Well, it sounds like you have somewhat of a decent relationship with him now and his wife. Has your daughter told you the reason why she doesn't want to go to school there? Maybe you and your daughter can sit down with your ex husband and she can explain it to him. Maybe your husband is thinking along the lines that it is you who doesn't want her there?
Reply:contact the district court where the divorce took place and get yourself a copy of the divorce decree and child custody arrangements. Once you have looked it over, then decide on how to proceed.





Lots of local colleges that have law schools offer free/low cost advice to people that need help.





Best of luck.
Reply:Check with you legal aid group in your home town they can sometimes give you the answers you need, for little or no cost. Are you sure that there is no reason for her to feel this way? What about the treatment she receives in her school? By her teachers or other students? Divorces can be very traumatic on kids. Been there with personal experience and with foster children. Good luck
Reply:Talk to your ex spouse about what she is going through. I think her hurting is far deeper than the school thing. Kids like to be in a stable home or feel that they are important as well. Maybe she doesn't like you and your ex being apart from each other. We have to do what is best and some times it not the way we want it to be. Also, there is no law on feelings of a child.
Reply:Well first you should proceed to get the court papers in order, go to the court house and get them. Once you have looked over them then go about seeing if they offer 20 mins of free advice from a lawyer at your court house, I know they do here. One of my friends had a similar situation and it ended up the court appointed a children lawyer so the child's thoughts and feelings could be brought before the court as well. In my province when a child turns 13 (I know that seems a long way off from being 7 just trying to tell you eventually she be able to make up her own mind)they have the right to choose what parent they will be with and the court generally honors that if the situation they are moving into is safe. My husbands son just moved with his Mom at the end of January of his own free choice, our thought was why hold him back and make him lash out and be miserable, so we helped him with packing and made his change in residence as easy as possible, perhaps some day you ex will open his ears and listen to what your daughter is telling him, other wise all he is doing is making her build resentment against him.
Reply:you need to contact a family laywer
Reply:You have to have paperwork to do ANYTHING. If the custody stuff never "went through", you can do what the hell you want. Then HE can take you to court (and pay for it, too).





But if it is already on the books, there are only 2 options:


1) go back to court to challenge it


2) get him to change his mind


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