Seeking Custody

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kymomto4

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Ok, so my husband and I are seeking full physical and legal custody of his 3 children from a previous marriage. We have written down dates and instances in which things have happened ie: Kids going months without glasses, shoes and clothes not fitting properly, 2 out of 3 (3rd child is not old enough to attend school) have failed a grade, the mother took the oldest child out of school for approx 15 days for no reason and had truancy officers called on her & almost caused her to fail a grade for a 2nd time. Mother is voluntarily unemployed for 4 yrs, has her father paying all of her bills including rent. The kids constantly tell us how they may have gotten 1-2 baths in a 7 day time frame. Middle child had speech problem & my husband was carrying insurance on the children, we asked their mother to take her to a therapist since my husband and I were working full time and mother was unemployeed & was not attending school etc. She informed us she was not going to take her & if we wanted it done we should do it. Also the youngest child is old enough to be in head start or preschool, mother refused to put her in school or fill out information for public assistance with a head start program (she would have been the one to fill out this financial information since the children live with her). Most recently kids one of the children has come over with a black eye and the other with a rash or fungus on her. The oldest child reports that her mother has requested she take her infant son (with another man) out of her room in the mornings so she could sleep, oldest child is 10 yrs old.
Their mother is living with her fiance who has 2 other children who visit every other weekend, she has the 3 children with my husband plus another child her fiance and they all reside in a 3 bedroom home for 8 people.

Mother has moved the children 7 times in 6 years, is not financially stable as she has not worked for 4 yrs. We have moved 1 time, we are about to move again into a bigger place (hopefully buying a home & moving in hopes to get custody) where we could have adequate shelter for all of the children & I have been employed with the same company for 8 yrs, going back to school, husband has been employed consistantly with the exception of 8 month period when he worked for a company that filed bankruptcy and everyone lost their jobs.

Just wondering if we have a case or if we are just wasting our time about to battle this out in court. I am confident with the mountain of evidence of her neglect we could win as our home is a more stable environment. BTW my husband pays child support every month so there is no reason the kids should go without the things they need & we usually end up buying essentials for them to take home clothes, shoes, school supplies etc.

Mother lives in Ohio and we live in KY.
 
First, you are not seeking anything, and have NO legal standing in this matter. You will harm your husband's chances if you don't stay out of it.

Second, you'd be surprised at how low the standards are to raise a child.

Third, why has your husband not contacted CPS and made a report?

Last, he needs to hire an attorney, and everything needs to be done where the children currently reside because Ohio has jurisdiction.
 
How many times have CPS been involved?

Also, what PROOF does Dad (not you) have of any of this? You live in different states....

And does Dad realize that he's NOT on equal footing with Mom at the moment? That he needs to prove a significant change in circumstance in the lives of the kids in order to even file for a change in custody?

(I'm going to give you a little hint here: If Dad has mountains of proof of neglect and hasn't done anything about it..he's EQUALLY neglectful in the eyes of the court. After all - if he was genuinely concerned, CPS would have been involved, surely? And the children would have been removed if it was so bad?)
 
CPS has been contacted several times by us and his other family members but nothing has been done.
We have documented everything that has happened with dates and times and we have pictures. They live in Ohio, we live in KY, it's only 15 mins away it's not as if we live hours away. We are in the process of getting an attorney, I'm just wondering if we even have a chance. I know people who were in a similar situation and they had documented proof of the problems as well and did not get custody of the children.
 
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