Question on Custody

[mmcgary03]

I recently was given custody of my 5 year old on Father's Day of this year. I was fighting cancer and did not have custody of her for almost 2 years, her father had her and I did pay support when I was able to work. On Father's Day of this year, my ex-husband called me and told me that he couldn't deal with our daughter anymore and asked if I wanted her. When I went to meet him to pick her up, he had a trash bag filled with her clothes which he gave to me. According to my daughter, my ex told her that he didn't want her and would never see her again. She also said that he threw her a garbage bag and told her to pack her clothes. I got her enrolled in kindgarden (her first day was last Friday), have involved her in some after school sports, and she is doing quite well. My ex, however, has been picking her up every other weekend, although once again according to my daughter, my ex and his current girlfriend are never there. This past weekend, I got a rather nasty call from my ex stating that our daughter told him that she wants to live with him. After that pleasant phone call, I received a call from my ex mother in law, who told me that when she called to talk to my ex, his girlfriend was screaming at my daughter in the background telling her that my daughter wanted to live there. My ex mother in law said that they were making her say it. My ex husband does not pay child support although I went and filed a claim Friday. My question is - if my ex decides to fight for custody - what are his chances? My ex and his girlfriend have had Children & Youth at their house at least 3 times, he works construction and is hardly ever there unless it's the weekend, he's hiding from his prior mortgage (and some other banks), he does not have a bank account or any bills in his name, no real address being that the current rent is in his girlfriend's name. Basically, I'm afraid that if he blows up because I chose to take him for child support, then of course the pleasant phone call over the weekend, he'll try and take my daughter off of me. Does he really stand a chance?

 

[Duranie]

Unless Dad can prove the child is better off with him, he probably does stand a chance especially since Dad already told you he did not want custody and gave you all the girls belongings. Keep record of this. Do you have an attorney? You also might want to bring up his work history and the fact Dad is hardly ever there and often leaves the child with other family members and his girlfriend.

 

[mmcgary03]

No I don't have an attorney. I was waiting to see how badly he would blow his top and what his actions were going to be first. I don't have alot of money right now and may have to borrow money from family to hire an attorney. I don't want to ask anyone for money until I know what my ex's plans are. Right now, I made arrangements with my employer so that I can drop my daughter off at school and her step dad picks her up when he's done with work. The only time that she is not with either myself or my husband is when she visits my ex. Thanks for your response