child custody advice

[tasha29]

My husband right now has sole physical custody of his oldest son, because the mom could not handle him and was saying she was afraid of him, so she signed the paperwork at the courthouse for us to take him. But now she is trying to back out because my husband also wants joint legal cusdoy of the youngest child too. He wants legal cusdoy to help with making the decisions. Example, if the kids have to go the the hospital and she is not wanting to do that. Now she is say she wants the oldest back and that she is going to appeal everything to get him back at the courts. Do you have any advice for us so that don't happen, because ever since my step-son has been living with us, he has not gotten into any fights at school and he has even got most of his grades back up.

 

[Proserpina]

So Dad has physical custody as per a court order, correct?

He needs to file for joint legal custody. He can do this without an attorney, and he will likely be successful. Mom can fight it all she wants, but joint legal is ordered (if requested) more often than not.

 

[tasha29]

he has and is being granted it but she is not liking what she is being told so now she is saying she is going to appeal it .

 

[Proserpina]

She can appeal till she's blue in the face - joint legal custody is the norm.

 

[tasha29]

so you don't think we need to worry as long as we follow the legal rule with the courts.

 

[tasha29]

i just want to also say thank you for helping with the advice.

 

[Proserpina]

You're welcome

As long as Dad is following the court orders, things should be fine. Again, Mom can fight and appeal this all she likes, but I see no reason whatsoever why Dad shouldn't get at least joint legal custody.

 

[nitikasnv]

Agreed:

She can appeal till she's blue in the face - joint legal custody is the norm.

Hi,

Agree with you.

Thanks