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Child custody battle

Posted by on Jul. 15, 2012 at 5:30 PM
  • 6 Replies

Ok I really dont know what it is I'm looking for from you guys but I'm getting real stressed out. My ex of two years is remarried and is now taking me to court to try and get full custody of our children. I have been a stay at home mom since my son was born in 2006. I have always been there for my kids. He is trying to say that I am unable to support myself and my two children. I currently live with another man and his his 4 children, so I am still a stay at home mother to all of them, now. This summer has been hard on me because for the first time I have had to spend more time than ever away from my children. Since he is married now she is considered a family member(stepmother). So he has had the kids for most of the summer, or should I say she has had the kids most of the summer. He is still working full time and she is taking care of my children all day while he is at work. They have only known each other for a year come august and been married since feburary. I dont think this is even long enough for my children to be spending this much time with her(stepmother) Ok I'm getting off subject. They are filling for custody of the kids and are asking for an evaluator> Have any of you been through an evaluator?

Posted by on Jul. 15, 2012 at 5:30 PM
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chinosruca
by chinosruca on Jul. 15, 2012 at 5:43 PM
Depending on the ages of the children, the kids will have imput on where they live. Maybe the kids are telling them things that make the dad and stepmom feel obligated to file for custody. I don't have much advise except for, get an attorney. Myself & my husband have full custody of my oldest. Her birth mom is a big time loser & couldn't have custody even if she wanted. She has had all of her children removed from her custody for neglect and abuse (we had our daughter, so she was never neglected or abused). I am filing to have her full parental rights terminated so I can adopt her.
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my4boys2002
by Silver Member on Jul. 15, 2012 at 5:52 PM
1 mom liked this
Get a good attorney, usually unless your ex proves you unfit they won't get custody. I went through a nasty custody war with my ex about 15 yrs ago. Don't let them get under your skin
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Lootens6
by on Jul. 15, 2012 at 5:57 PM

And that is exactly what they are trying to do. Thanks to my attorney they have stopped the harassing text messages. Now they are just sending me emails all day. I just hate knowing that they are questioning my kids while they are there and who knows what else. My 6 year old has already told me some horrific stories about things that happen at daddy's house.

MonkeyAround
by on Jul. 15, 2012 at 6:09 PM

document things your kids tell you about what happens at their dad's house. And they are not supposed to be contacting you unless it has something to do with the children. My sister just went through a divorce (mine has been few yrs ago) but they have this service now called wereonrecord.com (I think) were you can have him only contact you through there so it is "legally" documented. I know that our parenting plan saids that their dad gets them when HE is off work. Has nothing to do with stepmom's schedule. 

ohyvonne0805
by on Jul. 15, 2012 at 7:05 PM
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I have been a legal secretary in the family law area for approx 30 years.  Depending on what state you are from it could be his way of lowering child support if he pays it to you.  Unless there has been a drastic change that has effected your ability to raise your kids that would warrant full custody to him, it is in best interest for children to maintain an on-going relationship with both parents to indulge an healthy and effective lifestyle for the children's well being.  I suggest a lawyer specializing only in family law.   A family law lawyer will have the skills to prove stability & love you have provided to your kids and no reason to warrant such a dramatic change for the children with the only motive being to put more money in his pocket.   Allowing the court to award you attorney's fees for the necessity of have to defend a frevilious and unwarranted motion, wasting everybody's time including the courts.  Okay that's the legal secretary side of me.  The mom in me suggests that you embrase the "new mom" in your kids life.   Even if it kills you.   Allow your children to be guilt free if they like her or spending time at dads; or, if they don't help them find things that they do enjoy about their time at their dad's house.  I would want the peace of mind to know for sure that new wife isn't taking her hatred for me out on my kids.   And, never let your kids hear you talk about your ex or his wife.  If dad is awarded even a little increase in time use that time to make closer connections with your other children and your man.   It's my thinking that moms are really the ones that keep everyone in the family strong.   

KylesMom409
by Linnette on Jul. 15, 2012 at 9:19 PM
Great advice! And keep us posted! Hugs!

Quoting ohyvonne0805:

I have been a legal secretary in the family law area for approx 30 years.  Depending on what state you are from it could be his way of lowering child support if he pays it to you.  Unless there has been a drastic change that has effected your ability to raise your kids that would warrant full custody to him, it is in best interest for children to maintain an on-going relationship with both parents to indulge an healthy and effective lifestyle for the children's well being.  I suggest a lawyer specializing only in family law.   A family law lawyer will have the skills to prove stability & love you have provided to your kids and no reason to warrant such a dramatic change for the children with the only motive being to put more money in his pocket.   Allowing the court to award you attorney's fees for the necessity of have to defend a frevilious and unwarranted motion, wasting everybody's time including the courts.  Okay that's the legal secretary side of me.  The mom in me suggests that you embrase the "new mom" in your kids life.   Even if it kills you.   Allow your children to be guilt free if they like her or spending time at dads; or, if they don't help them find things that they do enjoy about their time at their dad's house.  I would want the peace of mind to know for sure that new wife isn't taking her hatred for me out on my kids.   And, never let your kids hear you talk about your ex or his wife.  If dad is awarded even a little increase in time use that time to make closer connections with your other children and your man.   It's my thinking that moms are really the ones that keep everyone in the family strong.   

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