Questions on suing for full custody
I think my DH is going to do this.
Any ideas on process, timeframes, costs involved in suing for full custody? Advice will be appreciated - DH seeing lawyer tomorrow.
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Thanks tog. I am not looking
Thanks tog. I am not looking forward to this, but it's got to be done even if we lose.
Geez we have got off Cheap!!!
Geez we have got off Cheap!!! 25K...... we could not possibly do that!!
We live in Maryland and SS is
We live in Maryland and SS is 12.
Reason- BM is a total bitch! Yeah, that's going to hold up in court. DH and I are moving overseas, want to take SS with as his mother indicated she didnt want him- until SS said he wanted to go. Current custody is 50/50.
SS is basically on the receiving end of emotional abuse and PAS with Biobitch. Biobitch is a prize specimen: 4 divorces and three kids with three men. SS wants to move, BM refuses.
I keep hearing this- moms are
I keep hearing this- moms are sainted! This one is a complete @&%€> but I bet it won't matter.
BM is always broke! Hopefully
BM is always broke! Hopefully that won't stop this from proceeding in court. SS had a meltdown when he explained what was going on at Biobitch's house.
Long drawn out and expensive.... No yay from me. Ugh!!
That's going to be an uphill
That's going to be an uphill battle you'll most likely lose. I'm sorry, but that's how it usually goes. You're not talking about just switching custody but also taking him to another country.
So far we have paid 2600.00
So far we have paid 2600.00 retainer to our lawyer. We expect more bills after the trial from her.
2000.00 to the GAL (BM was supposed to pay the other 2,000 but so far has not)
We filed in Feb 2013 and will finally go to trial tomorrow.
But seriously worried it could be continued as BM lawyer quit in april and she has yet to hire another. Hopefully not though as SS has been with us for the last 4 months (long story involves CPS etc) and he will start school in 3 weeks so a trial and decision tomorrow will be in the childs best interest so as not to possibly disrupt his schooling with a later trial date.
Good luck, it has been a long hard, frustrating road.
Good luck with tomorrow. I
Good luck with tomorrow. I hope it works out and that you guys win.
18 months... I want to weep.
OMG - what is wrong with that
OMG - what is wrong with that judge?!
So much bias towards Mum's!! Ugh! Having a uterus makes them better parents. At least he is sticking to his guns and suing.
I really believe we need to get this kid away from his Mum. She is beyond vile!
Wonderful news... It just
Wonderful news... It just sucks!! Thanks for the honest assessment beaccountable. I don't know how people protect their kids!
I think while DH sees a lawyer, I will make some enquiries of my own. See the toughest ugliest, but slimiest dirtbag custody lawyer I can find... I don't think you can fight this fairly.
SS is 12. They already have
SS is 12. They already have 50/50 custody.
Biggest problem is going to be DH wanting to take SS out of the country.
Thanks for raising some of these issues on CS- going to need to run numbers esp on holidays.
From what I know, sorry to
From what I know, sorry to say, but I think the odds of your dh being able to take Ss out of the country are slim to none. I really think you could end up spending alot of money in vein.
When we moved out of the state 2 years ago, dh knew he could not take his child unless mom agreed. Of course in our case, she did as she wanted to party. Plus she was going to get almost a 1000.00 a month in alimony and pay dh zero Cs.
Sorry, but I would really look into it before spending so much money.
This is the general drift I
This is the general drift I am getting too. Will see what the lawyers say.
Otherwise, thanks to this site, Jinger is nothing but resourceful.
I forgot to add. When we
I forgot to add. When we moved, the co is still 50/50. It just made dh primary.
Oh H got custody, to the tune
Oh H got custody, to the tune of $50+K.
We were in court 8 more times the following two years, only to have everything blow up in H's face and skid went back to Uberskank.
I'm telling you, it will be expensive and it will be an emotional battle. You may want to rethink this if you're moving overseas because the chances of your H getting custody are slim in your circumstances.
I hope his attorney advises against it. There are times when it's better for the skid(s) to leave well enough alone.
Bm here filed for full
Bm here filed for full custody. We talked to three top attorneys who assured us she had no case whatsoever.
To get full custody, there has to be serious, documented abuse or neglect. If there is a 50/50 order in place and the child is doing well, basically they won't even consider changing it.
We were told the process could take over a year. It has already been a few months and there hasn't been a hearing yet. It will cost us $25,000 or more with one of the top lawyers locally (assuming bm pursues it that far). It would cost the parent filing (in our case bm) more, because there are certain fees that fall to the person filing and others that are split according to income and bm makes a lot more than dh.
There will likely be psychological evaluations of everyone- including ss.
And as others have said, even getting full custody does not mean that a parent can move a child out of state, let alone out of the country.
BM moving out of the area was a concern of ours that the lawyers we met with said just isn't a concern with 50/50 as according to the courts- either parent is free to move wherever they want, but they need the other parent's consent or a court order to move the child. In 50/50 the court just will not grant it (in our area). Not even a move out of the school district!
Of course, things vary state to state.