Ex husband seeking custody of one child not both but neither child wants to go

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hisebaseta

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I am desperate. I have no money for an attorney, and my ex filed for an expidited hearing due to school matters. I have three children, two of which belong to my ex husband. My ex makes A LOT more money now than when we were divorced and told me if I ever filed for a modification, he would take my kids away from me. I told him in November that I filed. We received paperwork at the end of June/early July. On July 28, I received a call from an attorney stating that my ex is seeking custody of my daughter. Not both children, just one. On the grounds that she wanted to live with her dad. She told me she had said that, but that it was a long time ago and that she wants to remain at home with me, her stepdad and brother and sister. She informed her father of that also, but he is still pursuing. I received a letter from the attorney stating that I was not following state mandated guidelines for parenting time. My ex didn't receive his two week summer visit this year. Of course, he never called to set up said visit. For the last ten years he never took advantage of his extended summer visit. For the last nine, he never would even call throughout the week to check on the kids. Before our divorce was even finalized, I lost our house in foreclosure. I was unemployed, I had lost my job for missing too much work due to not having child care available. I asked him to take his children in until I could get back on my feet and find us a suitable home. He said no. I was the victim of domestic abuse. My children saw a lot of bad things happen to me. I asked him to take his children in so they would not have to endure all of the trauma associated with the abuse. He said no. During the same time frame, my sister's decided to step in and pursue custody of the kids. They asked their father if he wanted to have custody before they got a lawyer. He told them no. My daughter and I are both bipolar and she also has post traumatic stress disorder and major depressive disorder. I have her seeing a therapist and a psychiatrist. I monitor her meds very closely. My children are well fed, clean, always have their health and dental needs attended to. I had child services called on me twice. My daughter went to school and told them I beat her with a belt 40 times. I admit I spanked her with a belt. She left the house while I was sleeping for work. When I got up to make dinner all three kids were gone. The little ones had gone out looking for her. I definitely did not spank her 40 times. Not even close. Child services found me guilty of no wrong doing. This past year, I saw something in my daughter's earlobes, I went to go brush her hair back and she ducked her head and I guess there was contact. She gave no indication at the time that I had even touched her let alone hit her. She went to school the next day and said I punched her in the nose. Child services were called and again, they found me guilty of no wrong doing. I told the case worker I was concerned for my daughter she was threatening suicide. I was made to take her to the psych ward of the local hospital. My ex is using all this against me. If he would have given them a home when asked maybe she wouldn't be suffering as much mentally. I don't know. All I know is he is trying to split up my three babies. We are a team. We have been through so much together. My daughter doesn't even want to go. I have no lawyer and no means of retaining a lawyer. I'm so afraid I am going to lose my baby. If anybody can please help our family, please. I'm so desperate right now.
 
Madam, the only way anyone can lawfully assist you with a legal matter is if you retain them as an attorney. This website is not (and so advises every visitor) that is not, nor can it be a substitute for a real attorney; licensed in your jurisdiction.

My heart goes out to you, as it does others in distress and hurt. But, I suggest you retain an attorney. You know why, so I won't beat a dead horse! Good luck, madam, and God bless.
 
OK. Stop. Take some deep breaths. Okay? Then please answer the following questions:

1. How old are your children?

2. Have you actually been served with anything?

3. What exactly are your current court orders?
 
My daughter is seventeen. I have not been served, but I have received copies of the papers that the lawyer filed on the 11th. My baby's birthday. The current court order is from our divorce in 04 and it gives me sole custody of both of our children. It's sickening. His wife is already celebrating. Thank you for replying to me. I don't know where else to get any type of advice. I don't know if I'm allowed to ask for extra time to get a lawyer or anything. I am a law-abiding citizen. I've only been to court for my divorce.
 
I am looking for advice on how to properly handle myself within this situation. I'm at a complete loss. I know nothing about the law. Thank you for your reply and kindness. God bless!
 
The good news, if you take a broader look at things, your 17 year old daughter will become an adult in less than 12 months.

What does that mean?

Well, as an adult she will be able to choose what she does and where she lives, without court intervention.

That said, the other children won't be that lucky.
 
Thank you again for your reply. I am pleased that she is an older child, I hope the judge will take that into consideration regarding her wishes on where she would like to live. Luckily for me, my ex is not interested in gaining custody of his son. However, my heart breaks for my son. He feels unwanted by his father right now. My youngest daughter's father is no longer a factor, thanks to a protective order. I just want peace for my little family.
 
I didn't say the judge would listen to a 17 year old.

She's not an adult.

As a minor, she's considered a legal incompetent.

I did say she will be an adult at age 18.




If she's 17 now, that'll occur in the next months or less.

At age 18, she's free to live with whoever she desires.

That could be you.

It could be with dad.

It might be alone.

The bottom lune is that she will not be considered legal incompetent at age 18.

Given your new information, she could decide to return and reunite with you and her siblings soon.

Your problem isn't as bad as I thought, not to diminish it, of course.

You haven't lost the oldest yet.

You may not lose her.

She's almost an adult.

A court might dismiss the case, but even if it doesn't and dad prevails, she could decide to return when she becomes of age.
 
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