Tough Case - NEED ADVICE

[cmlomenickwcas]

My husband just recently went into a custody battle with his daughter's mother. She had left the child in our care for six months and only visited with her for three hours on a saturday or sunday each week. My husband had been paying her child support for about a year before this happened. When SHE decided she wanted her child back, my husband had already been to a judge who awarded him emergency custody of his daughter until a decision was made on who would get custody of her. They went to court not long after that and the judge awarded joint custody to both parties and that no child support would be granted. Both parents would support the child while she was in their care. Both parties agreed and the decision was final. Neither my husband, nor his ex-girlfriend have signed the finalization papers yet, but the judge has. We are supposed to keep her either 3 or 4 days out of the week and the same goes for her mother. Since that time, her mother has filed for tenncare ( tennessee medicaid ) for her ( she's pregnant ) and her daughter. While she was filing, I believe she lied and told the dhs people that she had full custody and claimed she lost her child support card. Because now she is getting the child support money that isn't even supposed to exist. Also, she has failed to keep the child for the correct amount of days she is supposed to. She only keeps her for 3 days. We keep her for 4 or 5 days. She is known to not pick her up when she is supposed to. She only gets her when she wants to. What can we do legally, and what kind of consequences will she bear?

 

[cmlomenickwcas]

by the way, she said the her LAWYER told her after the case was over that my husband would pay her child support until she turned 18 years old. Thats after they both agreed to no child support.

 

[Duranie]

Does Dad have insurance on the child? As long as the mother has the child on state aid/insurance the state is going to ask Dad to pay child support.

 

[cmlomenickwcas]

My insurance doesnt start till next year. but the state wont give her insurance if she doesnt have full custody of the child. it will up to both parents to carry the insurance on her. and if that is the case, why wouldnt the judge make that clear?

 

[lonelyinny]

this is dad's issue

My husband just recently went into a custody battle with his daughter's mother. She had left the child in our care for six months and only visited with her for three hours on a saturday or sunday each week. My husband had been paying her child support for about a year before this happened. When SHE decided she wanted her child back, my husband had already been to a judge who awarded him emergency custody of his daughter until a decision was made on who would get custody of her. They went to court not long after that and the judge awarded joint custody to both parties and that no child support would be granted. Both parents would support the child while she was in their care. Both parties agreed and the decision was final. Neither my husband, nor his ex-girlfriend have signed the finalization papers yet, but the judge has. We are supposed to keep her either 3 or 4 days out of the week and the same goes for her mother. Since that time, her mother has filed for tenncare ( tennessee medicaid ) for her ( she's pregnant ) and her daughter. While she was filing, I believe she lied and told the dhs people that she had full custody and claimed she lost her child support card. Because now she is getting the child support money that isn't even supposed to exist. Also, she has failed to keep the child for the correct amount of days she is supposed to. She only keeps her for 3 days. We keep her for 4 or 5 days. She is known to not pick her up when she is supposed to. She only gets her when she wants to. What can we do legally, and what kind of consequences will she bear?

WE dont do anything. dad is the only one with rights here, you have none at all.

 

[cmlomenickwcas]

WE dont do anything. dad is the only one with rights here, you have none at all.

Well he is MY husband. I back him 100%. He does something, I do it with him. I do something, he does it with me. That's how it goes. She is my stepdaughter. I care for her as much as I do my own daughter. I'm in it for her best interest. That's how it's supposed to be. So don't get smart with me just because I'm the stepmother. Everybody gives stepmothers bad raps. If you have an issue about my post, then don't respond. I'm looking for advice on the situation, not on how to word it the way YOU think it should be.

 

[jharris352]

Nevermind her, she is mean to every one.

 

[Duranie]

lonelyinny if all you do is tell people to butt out and MYOB, then you are not much use to anyone on this board. There are some people that need to MYOB but it depends on the poster and what help they need.

 

[lonelyinny]

i didnt tell her to butt out i just said there is no we

lonelyinny if all you do is tell people to butt out and MYOB, then you are not much use to anyone on this board. There are some people that need to MYOB but it depends on the poster and what help they need.

where in my post did i say butt out and myob? nowhere. i just said we dont do anything. using we implies that she is a party to this case, which she is not. and definitley dont use we in court, because it will cause dad to lose.