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How difficult is it to change custody?

My ex and I have been divorced 1 1/2 years now, originally I lost primary care due to a default order(which I am STILL in the process of fighting) however a few months later our daughter ended up living with my anyway. She has been living with me now over a year, but because her dad still legally had primary care was able to come and get her from me. She has been there a few weeks and my lawyer has applied to the court for a change of custody and to bring her back to me immediately, but my ex had to be served, he had 10 days to respond and the court had 30 days to give me a hearing. When I get the hearing will it be likely that they will continue to leave her with him or will they side with me??? Any advice would be great!

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Anonymous

Asked by Anonymous at 6:11 PM on Apr. 25, 2010 in General Parenting

Answers (5)
  • it depends on why he was given to her in the first place
    aheuszel

    Answer by aheuszel at 6:13 PM on Apr. 25, 2010

  • a default judgment! It had NOTHING to do with my parenting in any way shape or form!!!!!
    Anonymous

    Answer by Anonymous at 6:28 PM on Apr. 25, 2010

  • What is a default judgement? I'm not familiar with the term...thank you.
    Anonymous

    Answer by Anonymous at 7:36 PM on Apr. 25, 2010

  • that means she didn't show up for court
    Anonymous

    Answer by Anonymous at 8:47 PM on Apr. 25, 2010

  • oh....okay, well if you didnt then that is on you.

    either way, we were told when my SO and I went and talked to a lawyer recently that had we gone for physical custody when we actually had the kids more (long story), that we would have probably got it since we had been taking care of them primarily for 2-3 years no questions asked. he said that we should have taken BM to court AS SOON AS she took the kids (because she legally had physical custody - always has and still does since we didnt take her to court - and SO has never had it changed - he hates court) because then we could show all we had been doing and that we were not okay with her just taking the kids on a whim.

    So, I think you have a leg to stand on since she had been with you primarily for so long. why did he just take her like that? why did she end up living with you? and why not do just 50/50? would he put her in danger?
    aly38914290

    Answer by aly38914290 at 9:28 PM on Apr. 25, 2010

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