A father fighting for custody

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Acemon

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Child is 9 years old. Has lived with my mom (her grandma) for 5 uninterrupted years. Prior to that the mom would drop her off at my mom's house as she pleased. My brother has paid child support, a lot in back pay, and the mother never told child support services that she did not have the child and she never gave a penny to my mom to assist in raising this child. In Jan 08 the mom out of no where says she's ready to take care of her child. We warned her against it at the time, at least until the school year was over. She took the child anyway, resulting in her jumping to three different schools. In May 08 she called me and basically said she could not take care of the child. So, naturally, I said I would. I drove 3 hours north to pick her up. I have a two bedroom apartment and was able to accommodate her. Her mom had confided in me about her unstable situation while with my niece, was kicked out of her friends house, ended up sleeping in someone else's house, etc. Her mom moved back to her hometown, pretty much where I live. She lives in an efficiency with her boyfriend and her other child. She has no job, they both have no car, and the place they live in is as big as my master bedroom. She said they are now moving to a 4 bedroom house. It's all very sketchy but we can't accuse of her of anything. Just about being a selfish, inconsiderate, unstable parent.

We have the following documents:
- My brother can show he paid child support.
- My mom can show that those years he paid child support to the mother, the child was living with my mom. She has her school records, her medical records, and letters from the teachers as all this information was require when she put her on her taxes. My mom also has a notarized letter from the mom saying she assigned my mom as a guardian.
- I have two notarized letters from the mom saying she assigned me as a guardian for an indefinite period of time. I also have all my checks from summer camp and now after care at school, which show the child has been living with me for the last three months. I am also taking my niece to therapy. I can always have the therapist write a letter. My niece has anger and emotional issues, which she did not have before her mom uprooted her from everything she knew.

The father has a job, has a home, has a wife with kids, transportation. The reason he did not file for custody before is because he knew the child was safe with our mom. Now, we want to make sure this women does not continue to damage my nieces emotional and mental stability. So...do we stand a chance? How would the court view this?
 
All you can do is try. It's hard to say how a judge will rule. If you can afford an attorney, he/she should have some idea of how judges rule in your family court. An initial consult with an attorney may also give you an idea of your chances.

I doubt that he will get any of his support back. Someone should have filed for legal guardianship or custody while the child lived with your mother. He can ask for a modification of the child support order, but I think he will have to wait until custody is decided.
 
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