I need quick advice on Emerg CustodyDE

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Mandie1020

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I live in Delaware

I am having a issue with my 14 yr old daughter and Ex she lives with him, in the last few months she has decided she wants to live here with us because she misses me and her siblings. Her dad is dead set against it and said I will have to fight in court and he will try and smear us. Long story short, she found some weed in his closet this week and has known for some time that he uses frequently of course he denies. He works at a arcade and I honestly feel that he sells from there as well. She took some pics before she came here this week of his room and all the way to the closet that has the weed. and of course a bag of it.

I am thinking of filing emergency custody this week because she does not want to be there in that envioroment. She has been with me for the week on vacation and is supposed to go home tomorrow. She is so sick and upset she can barely eat. There was also a incident last year where she had alleged that her father and stepmother beat her after finding she had a myspace, I took her to the hospital because there was brusing and he father admitted to hitting with a belt when she was on her bed, but after CP came in the sent her home and dismissed the case? She has wrote a letter to the judge that I have not even read but she says she stated that she does not want to be in that enviroment and that she misses being with her mom, stepdad and her siblings, I have a 9 yr old and 1 yr old from a previous relationship.

A little background on me..I let her live with her dad court order states joint custody and placement with him five years ago when I was going through extremely tough times being a single mom and though that he was more stable at the time, of course he now constantly throws the past in my face. His family brainwashed her for years saying how bad of a mom I was and we were strained until maybe a year ago. The older she got the more we have gotten a good relationship and I feel that is due to fact kids start seeing when another parent is nasty and negative. I never talk bad about her dad or step mom to her face anyway. Her dad has no other kids.

I remarried 2 years ago to a wonderful guy and we have a 1 yr old together he is a paramedic and I became a EMT-B we are both active volunteers in our community and also do this profession as a career. We have a warm home, family nights and good schools. We do not have tons of money that somehow her father seems to have and she is aware of that but we have tons of love. Also she would never be alone my husband and I work opposite shifts. Her dad leaves for almost the whole day at home when working.

Is there any advice you would have on that? I know as soon as he finds out I filed, I know that weed will dissapear and with not alot there anyway, I am not sure much can be done?

Do you think I have enough with the pictures of weed and her testimony for emerg custody?

If you have any advice I would apperciate it!!
 
Sorry, I don't see anything in your post that would warrant a change in custody. If you had police reports of drug use or abuse, then that would be different. However, you don't have any real evidence to support a change IMO, let alone emergency custody.

You might want to get a consult with a local attorney, though. Perhaps the courts in your area are more likely to consider claims of drug use, or may give your daughter's preference significant weight in the court's decision.
 
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