Father getting custody

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plu123

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He is 6 and this is his second time in kindergarten and doing horrible in school he has transferred to another school and the mother is still neglecting to do any of his homework or keep up with his folders or communicate with the teacher who has made several attempts to talk about his education. she also does not give him adequate lunch and he has to drink from the water fountain while other students have tons of food along with she doesnt send stuff with him for him to be able to participate in holiday activities. her parents are the ones who take him to school and pick him up. i can get evidence for this and the teachers also said they would testify. the other is she lets her son stay up til early hours in the morning and he tells us this (no proof). well she is now wanting to move out of state far away with no "reasonable" reason. we were wanting to know with this evidence if it is possible for us to get custody of him. she does not work and hasnt in a year. her parents pay all her bills.we both have full time jobs and a very structured home that we own. where she will be moving there will be no family there to help her.
 
Mom's move out of state can be prevented.
In order for Mom to move out of state, she has to ask the court.
A hearing will be held before the judge.
Dad will get to argue against the move.
Normally Mom won't be allowed to leave the state, if Dad is against it.

Dad can always try to get custody from mom.
He has to have very good reasons.
Not being actively involved in the child's schooling is a good reason.
Providing poor nutrition is another.
Being held back in kindergarten, twice, another good reason.
Add them all up, it makes for a great argument.
Petition the court for custody and see what happens.
 
He is 6 and this is his second time in kindergarten and doing horrible in school he has transferred to another school and the mother is still neglecting to do any of his homework or keep up with his folders or communicate with the teacher who has made several attempts to talk about his education. she also does not give him adequate lunch and he has to drink from the water fountain while other students have tons of food along with she doesnt send stuff with him for him to be able to participate in holiday activities. her parents are the ones who take him to school and pick him up. i can get evidence for this and the teachers also said they would testify. the other is she lets her son stay up til early hours in the morning and he tells us this (no proof). well she is now wanting to move out of state far away with no "reasonable" reason. we were wanting to know with this evidence if it is possible for us to get custody of him. she does not work and hasnt in a year. her parents pay all her bills.we both have full time jobs and a very structured home that we own. where she will be moving there will be no family there to help her.
May I ask who you are in this situation?
 
Everything you have stated is a valid reason to change custody. What is Dad waiting for? He should file for custody. Mom just cannot be expected to move out of state for no good reason.
 
i am the step mother and we are going to see an attorney next thursday. i am getting the best one in the county and i wanted to make sure we have a good chance before i end up spending 5,000 or more.
 
Well seeing an attorney is the first step. Try to keep this between the mother and the father. It is the father here that needs to act on behalf of the child.
 
I won't disparage the attorney you are getting I'm sure he or she is good, but $5000 won't touch the best attorney in any field. Why are "you" paying for this? Or is it both of you that are paying for this?

You will have to excuse us. We are often skeptical of the new wife's assessment of the parenting skills of the former wife. I'm sure you understand why.

If she is doing the things you say, you can certainly apply for custody transfer. Understand that there are always two sides to every story and she will get to tell hers.
 
I'd say it sounds like Dad has a very good case! Good luck!

And don't mind anyone who says it's not your business as the stepmom they're full of it!
 
I'd say it sounds like Dad has a very good case! Good luck!

And don't mind anyone who says it's not your business as the stepmom they're full of it!


That's enough, barbie - you KNOW better.

This is about legalities and legally, it's NOT a stepparent's business.
 
Just wanted to beat Lonely to this one! Everyone has the right to ask questions even stepparents who arent legally involved. Its still a person who is asking for advice and thats what were here for right? to give advice not to say who should and shouldnt ask for it.

oh and Gail I dont believe bedmate is the proper term for it I think you were thinking of girlfriend? Lets not be degrading now...ok
 
I agree with Barbie, while she has no LEGAL STANDING that doesn't mean it is none of her business. I think we are way to judgmental on this site about that. It would be one thing if she was a girlfriend who was jealous of the attention the bf might give a child. This is a wife who wants to help her husband get custody of a child. She has plenty of business in this.
 
Thanks for understanding.i am not a new wife.i love my step son dearly and want what's best for him
 
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