Getting back custody

[sczbond]

I have joint custody of my 10 year old daughter with her father. He has physical custody of her. It has been this way for many years. I would like to have my daughter come live with me and she wants to as well. She is with me every other weekend and every other week in the summer. She has expressed fear and unhappines living with her father and stepmother. Her father is never there because of his job and her stepmom is very, I don't know how to say it but, on her butt over everything. She does nothing right. In my conversations with my child she has brought up many times her stepmother bashing me and saying hurtful things about me to her. I don't confron the stepmom because the one time that I did she took it out on my daughter. Tonight I spoke to her on the phone and she was very upset and said that she wants to run away. I am in a loss of what to do. I want her to be happy and not feel like she has no place in her own home. What are the chances of me getting custody of her? I have been through my struggles and now I have my life together. Please any advice would be great!

 

[irish223]

Is there a change of circumstance? The child's preference is not considered a COC in many states.

Did the father remarry recently? When did he start working so many hours? There may be a COC depending on the details of your situation.

Also, have you spoken to your ex about his wife's bashing of you? This issue is between you and your ex, not you and his wife, so you need to let him know it's happening. Then, if it doesn't stop, you have reason to return to court.