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Custody we stand an ice cubes chance in hell?

BM lives 6 hours a way by car (one way). Currently DH makes the drive to see his kids one weekend a month, holidays and summers (he has 20%, best he could get due to the distance). Now, BM wants to move to another state (24hours by car, this will severely limit the time hubby has with his kids) because her parents are moving and she wants to continue living with them (mind you, ALL of the kids family lives in the same city as us). They went to mediation, no agreements could be made, mediator said custody eval was her recommendation. We would like to get full custody. We are fit, have a loving home and great relationship with the kids. Their sister, aunts and uncles and grandparents all live near us. BM has a history of frequent moves, faked illnesses (documented) to get out of working, and cannot provide for herself or the kids. Do we stand a chance of getting custody of the kids??

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Asked by Anonymous at 2:16 PM on Oct. 28, 2009 in Relationships

Answers (5)
  • I think you do. You sound much better off than BM, but there are 2 sides to every story and the court will look at that

    Answer by Tashwitz at 2:18 PM on Oct. 28, 2009

  • Generally they would side with the mother. I've seen a few cases of this with my friends and they nearly always side with the mother unless they have some serious problem which means that they cannot look after their children, such as drugs or alcohol addiction.

    Answer by mommatomanyy at 2:18 PM on Oct. 28, 2009

  • I really think it's either/or. You sound like you can provide quite a bit for them, but then again, she has had them, so even though the moving might not be stable, they do have some stability with her. All you can really do is present your side, and hope for the best.

    Answer by tropicalmama at 2:57 PM on Oct. 28, 2009

  • In some states she would not be allowed to leave the state.

    A mother should not and isn't supposed to loose custody because she has less money.


    Answer by Gailll at 3:27 PM on Oct. 28, 2009

  • All states are different,I know in MI that whichever parent moves the children from the state is responsible for transporting the children back for visits as determined. Alot of times its difficult proving a birth mother unfit because alot of judges think that childre belong with there mothers.You never know though unless you follow the mediators advice.Maybe 50/50 custody could be ordered too.Does your husband pay support?

    Answer by Anonymous at 4:04 PM on Oct. 28, 2009

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