Father took custody behind my back

[jlfcmb0423]

I've been going through a long battle to get my child back. Two years ago, I let my child go visit her father for some time over summer break. While this was occurring, the father filed for sole custody claiming I abandoned her. He told the court system he couldn't get in touch with me. They suggested he post an ad in the legal section of the newspaper to inform me of court. Ok, this man had complete contact with me the entire time our daughter was over there. He had not only my cell phone number, but my moms, my sisters, and my work phone number! Also, the week before court, we were at our daughters school open house and nothing was said to me! My daughter was supposed to return to my house 2 weeks after school started because her father asked me if she could stay a little longer to help his son get used to the bus. This was all a total lie. I of course missed court and he was granted sole custody. Fast forward to now. I'm only in debt, with parenting time. A lawyer that promised to make this right only added years and heartbreak to the situation. My daughter really wants to come home. It's getting really bad. I can't believe I haven't been able to tell my story to a judge. I need help! Oh, and now he's trying to move her school districts. Keep in mind, she's 11 and lived with me only until she was 9. The summer discussed above was the FIRST time she'd ever spent a significant amount of time with him.

 

[Proserpina]

Here's the problem:

She's been living with Dad for two years now. The court is going to want to see a significant change in HER circumstances in order to change custody now.

Daughter's wishes will likely not even be a factor.

 

[jlfcmb0423]

Isn't moving to a worse school district a significant change? Also, she will be going from middle school back to elementary. The school she's in now is new and top of the line. Far superior to the one they want to send her to.

 

[Proserpina]

What proof do you have that the school is inferior?

 

[jlfcmb0423]

I've compared facts from both school districts, along with speaking to several people

 

[Proserpina]

Speaking to people counts for nothing.

If you intend to use schooling as a CoC, you're going to need actual figures, and you'll most likely have to actually establish that your daughter's grades have fallen dramatically due to the school she's in.

I know this isn't what you want to hear, but I'm trying my best to prepare you for what might be the reality of the situation.

She's been living with Dad for two years now and the courts are extremely reluctant to change the status quo without having a darn good reason for doing so.

And what's worse, is that all Dad has to do is say "Okay, we'll keep her in the current school district" and your argument is moot.