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o/t custody question

Posted by on Apr. 10, 2013 at 10:52 PM
  • 15 Replies

I know a woman who repeatedly failed to bring her kids to the father's for his weekends. She also faile to show up in court several times. Because of this the father was awarded full custody. 

How permanent can this be? How often do courts change custody arrangements? Can kids have to deal with this kind of back-and-forth custody battle frequently?

by on Apr. 10, 2013 at 10:52 PM
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Replies (1-10):
Peanutx3
by Ruby Member on Apr. 10, 2013 at 10:54 PM
Sorry I can't help but here's a bump.
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LindaClement
by Thatwoman on Apr. 10, 2013 at 10:54 PM

Absolutely no idea, never had to deal with any of it.

I suspect it's related to jurisdictions, but as I said: not a clue.

Here's a bump for you...

bump

desertlvn
by Silver Member on Apr. 10, 2013 at 11:01 PM
1 mom liked this



Quoting LindaClement:

Absolutely no idea, never had to deal with any of it.

I suspect it's related to jurisdictions, but as I said: not a clue.

Here's a bump for you...

bump


Thanks!

AMBG825
by on Apr. 11, 2013 at 6:25 AM

I suspect that she either a.) gave up custody voluntarily or b.) there is a lot more to her story than what she has told you.

 

It is practically unheard of for courts to make a custody change over contempt charges. Usually there has to be some severe changes going on to get a court to consider moving kids from one home to another. They do not like to take kids from one household and send them to another. Especially when going from mom's house to dad's. Courts are still very biased when it comes to fathers that contempt alone is rarely enough to initiate a change in placement.

 

As to your questions: Whether it's permanent or not depends on the judge and the real reasons she lost custody. 2.) it's rare for courts to change custody arrangements. 3.) They could but not usually in regards to custody.

rfurlongg
by on Apr. 11, 2013 at 7:58 AM
As a pp poster mentioned, it sounds like there is more to this story than meets the eye.

As for your other questions, it depends on your state, your judge, and the lawyers.
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MsMimna
by Member on Apr. 11, 2013 at 8:57 AM

For some reason the judge found the fathers home to be a more stable home for the children. And her consistently being in contempt of court played a big role in that decision. But, that alone wouldn't have caused the judge to remove the kids, the father would have had to prove other concerns he had. And whatever they were, the judge found him to be more responsible. The ruling will stay until the mother proves she is the more stable home. It won't be easy for her now....

desertlvn
by Silver Member on Apr. 11, 2013 at 9:01 AM


Thank you! That's kind of what I thought. I have felt all along that something BIG had to be going on. 


Quoting AMBG825:


I suspect that she either a.) gave up custody voluntarily or b.) there is a lot more to her story than what she has told you.

 

It is practically unheard of for courts to make a custody change over contempt charges. Usually there has to be some severe changes going on to get a court to consider moving kids from one home to another. They do not like to take kids from one household and send them to another. Especially when going from mom's house to dad's. Courts are still very biased when it comes to fathers that contempt alone is rarely enough to initiate a change in placement.

 

As to your questions: Whether it's permanent or not depends on the judge and the real reasons she lost custody. 2.) it's rare for courts to change custody arrangements. 3.) They could but not usually in regards to custody.



desertlvn
by Silver Member on Apr. 11, 2013 at 9:02 AM


And custody battles take a long time right? If she were to ever get them back it would take a while, I assume.

Quoting MsMimna:

For some reason the judge found the fathers home to be a more stable home for the children. And her consistently being in contempt of court played a big role in that decision. But, that alone wouldn't have caused the judge to remove the kids, the father would have had to prove other concerns he had. And whatever they were, the judge found him to be more responsible. The ruling will stay until the mother proves she is the more stable home. It won't be easy for her now....



MsMimna
by Member on Apr. 11, 2013 at 9:20 AM

Yes, I'm sorry to say it does take a long time. Courts get backed up and right now the judge isn't in any hurry to hear any excuses. Parenting takes two, and even though they aren't together gave her no right to keep him away from his kids for selfish reasons. Right now, the courts are working in the kids best interest, they don't want, or don't care about all the petty things between mom and dad. To them that is childish. They may order her or both of them to take parenting classes, or to be evaluated, to be employed, to have been in the same home for a certain amount of time. She should get her visitation time, and use it positively, don't ever talk bad about dad!!! Keep it light and happy, when she starts involving the kids in adult situations she will lose. Hope I've helped :)) good luck


Quoting desertlvn:


And custody battles take a long time right? If she were to ever get them back it would take a while, I assume.

Quoting MsMimna:

For some reason the judge found the fathers home to be a more stable home for the children. And her consistently being in contempt of court played a big role in that decision. But, that alone wouldn't have caused the judge to remove the kids, the father would have had to prove other concerns he had. And whatever they were, the judge found him to be more responsible. The ruling will stay until the mother proves she is the more stable home. It won't be easy for her now....





owl0210
by Bronze Member on Apr. 11, 2013 at 9:29 AM
When a parent is repeatedly in contempt and not following visitation orders they risk losing custody of their children. It could be temporary or permanent depending on the situation.
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