Custodial Parent Keeps Kicking daughter out of her house

jeffrey tom

New Member
Jurisdiction
Texas
I have a tough situation and I know my daughters decision is crucial in determining a proper course of action.

Similar to this thread -
Custodial Parent Keeps Kicking daughter out of her house but won't sign over custody I was not able to post on it as I have insufficient privileges to reply.

My Ex-Wife is the CP and lives near Houston while I live in San Antonio. My current wife and I always look forward to seeing the kids (current wife and I do not have kids together and she does not have kids from her previous marriage) We strive to provide a peaceful, loving, judgement free, and stress free environment for the kids. My oldest is now 19 (about to be 20) and goes to college out of state. My youngest is 16 and is having a hard time living with her mom. My youngest is currently visiting for spring break and dropped some bombs on us. This is about where the similarities from the other thread start to differ.

We just found out that she was hospitalized for a few weeks due to an overdose. My wife knows more about the details but has sworn full privacy of said details. I only know about this because my daughter on the drive from Houston to San Antonio told me the same thing but didn't go into said details like she did with her step-mom (they have a great relationship). The child custody agreement states joint custody and any medical situation must be reported to the other parent. This was never reported to me. My ex-wife has all contact details so there is no excuse not to be able to tell me that our daughter had overdosed and had to be hospitalized for 2 weeks. I feel this is a huge problem. My current wife did break a vow of silence regarding another very important detail that our daughter told her. According to her, she has been kicked out of her home by the ex-wife, cell phone and any other means of communication confiscated, house keys taken, and then left outside her home while her mother goes to work. This typically has happened after an argument of some kind. Her mother works in a medical field and works long shift hours typically over night. You can use your imagination on what that must feel like. Again, I had no knowledge of this until her current visit during spring break. I am assuming that I was kept off the emergency contact lists as well.

What I have known about and helped support the best way I can by providing information on mental illness (more specifically, depression and anxiety) by trying to refer my daughter to experts in this field closer to her near Houston, get her into some sort of alternate therapy such as art, sports, and so on. Apparently this has been meet with some hostility by the ex-wife. She does love power lifting and has become a getaway activity for her.

I brief history of my visitation with my daughters. This had always been a very difficult ordeal. I am recently retired from active duty military and while I was in, I moved around and deployed frequently. This made visitation (out of state) difficult to schedule. I made sure to notify my ex-wife of all deployment schedules, transfers, and moves to help schedule and maximize my time with the kids. Difficult, but made even more complicated when my ex-wife would keep asking that the kids spend less time with me. Not so much in those words but that's what was happening.

Now retired and in a stable home with a stable non moving/business trip job (my now wife also works full time at home) we have the ability to meet my daughters needs both mentally and as loving parents.

What rights do I have when asking for primary custody if my daughter decides she would rather live with my wife and I. I need to get my daughter the help she needs without the worry of her wondering if she has a bed to sleep in when things don't go her way. We are strict but not un-reasonable. I was a teenager once, and remember how difficult things can be. I know in Texas, courts rule child support amounts based on salary. Is there a way I can do this and have it noted that I do not need child support or require it? With my recent military retirement and both my wife and I having full time jobs, our income is more than enough to support her.

I am reluctant to send her back home, but I also know that if I don't, this is a breach of the child custody agreement. I am very worried about her mental and physical well being.

Thank you for taking the time to read this long explanation. Legal fees are not a problem, I want this transaction (providing it is what my daughter wants) to go as smooth as possible. I like to be armed with tools to succeed.


Respectfully,

Jeff
 
What rights do I have when asking for primary custody if my daughter decides she would rather live with my wife and I.

Your "rights" have nothing to do with anything. Your daughter's desires might be taken into consideration by the court because of her age but the judge's decision is going to be based more on the child's verifiable mistreatment and emotional issues.

If you want anything to change you are going to have to go to court and seek primary custody.

Keep in mind that teenagers often complain about home life with the custodial parent and play one parent against the other.

Is there any evidence that she really was locked out? Did she call the police when it happened? Did your ex admit to locking her out? The medical records of the overdose could certainly help your case.

Consider filing an emergency ex-parte motion to extend your visitation temporarily until the court hears all sides. Otherwise you could be held in contempt if she doesn't return home.

Consult an attorney ASAP.
 
How did you not know your child was hospitalized for "a few weeks"?
I have been asking myself that same question. I haven't received all the details yet. But I would assume that I was left off the emergency contacts. Keep in mind I live about a 3 to 4 hour drive from where my ex-wife lives and recently retired from the military. This is the closest I have lived to my daughter in over 10 years. Communication with my kids is limited, mostly due to no replies from texts and phone calls. I have left countless messages with no return calls. Any reply I get from my ex-wife is always about money or any legal statements such as travel and when the kids can see me.
 
Your "rights" have nothing to do with anything. Your daughter's desires might be taken into consideration by the court because of her age but the judge's decision is going to be based more on the child's verifiable mistreatment and emotional issues.

If you want anything to change you are going to have to go to court and seek primary custody.

Keep in mind that teenagers often complain about home life with the custodial parent and play one parent against the other.

Is there any evidence that she really was locked out? Did she call the police when it happened? Did your ex admit to locking her out? The medical records of the overdose could certainly help your case.

Consider filing an emergency ex-parte motion to extend your visitation temporarily until the court hears all sides. Otherwise you could be held in contempt if she doesn't return home.

Consult an attorney ASAP.

I agree about teenagers often complain and can blow things out of proportion. Something I am seriously contemplating. However that's a typical trait of my oldest daughter. My youngest has a long history of downplaying every situation. I am not ruling this out but I feel I need to take it at face value. As for evidence, apparently she had to go to her boyfriends house where the boyfriends mom stated if she needs help to let her know. That's all the evidence I have. My ex-wife does have a history of locking people out of the house, I know that first hand. Happened to me after she was caught with another man while we were still married. not to mention a few times prior to that because I didn't clean out the garage.

I am looking into attorneys. I want to do this right. I'm not a spiteful person, I do know that my daughter has clinical depression and anxiety and want her to feel safe. Even if that means I do not get primary custody. Thank you for the helpful tip of the ex-parte. Last thing I want to do is be held in contempt. I appreciate the wisdom.
 
I just want to point out the thread you wanted to post on and were unable to, is a decade old. Please, don't post to dead threads or hijack another members thread with your issues.
 
I just want to point out the thread you wanted to post on and were unable to, is a decade old. Please, don't post to dead threads or hijack another members thread with your issues.
My apologies, that was not my intention. I came across that thread, and copied the link in hopes that anyone who had some words of wisdom for that individual would be willing to help as our situations were similar regarding my daughter being locked our of her house. I will not make the same mistake again.
 
I just want to point out the thread you wanted to post on and were unable to, is a decade old. Please, don't post to dead threads or hijack another members thread with your issues.
The only thing I wanted to post on the other thread was if that individual was able to resolve their issue and what steps they took. I had not planned on posting my lengthy story on theirs.
 
I agree you should take action while your daughter is still with you. You may need to file any requests with the court in the county where your daughter lives primarily.
You may not be able to keep her longer, but social services will become involved and investigate the allegations. Those findings may help you with any request for changes to custody orders.
If true, these issues are very significant and the ex will have some answering to do.
Try to have things in motion prior to the date you are due to return her. Do not fail to return her home as expected without authorization from the court or via social services.
 
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