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SD and moving

Tnbsmommy's picture

I'm not sure if this should be in the Family court forum or elsewhere, but I am looking for advice from people who have BTDT with Step kids. My husband has 4 children. 3 are grown. The youngest is now 16. When she was 13 she came to stay with us and after a couple months, my husband and his ex went to court and custody changed to him. No child support b/c at the time, their three youngest were under the age of majority and one chose to keep custody with his mother(he was in college) and the youngest two were in our home. Since then, the second oldest aged out, the next one moved out and we are left with the now 16 year old.

My husband has a fantastic job opportunity that will double his income, the catch is it's about 2.5/3 hours away. We are set to move next month and will be able to live in an awesome school system, she has 2 years left of school. (Her mother lives in a different county than we do now, and lives in a terrible school district. Years ago, living in the same district she does now, she had the kids registered to the one half way decent school in her county using her mother's address, they got busted lying, she had to move, then all that other happened, and she is back in the original zone)

Also, since SD came to live with us, she would go months without seeing her. She hasn't spent more than 2 nights there in the three years she has been with us. Since we have been talking about moving, we have assured her we will bring her back to visit her mother. She had one instance where she showed hesitation on wanting to go, but apparently has been talking to her mother about it. Last month, my husband sat down with his ex to discuss moving. She told him she didn't know why SD couldn't come live with her again. He asked her if she could support her, her response was "well can you pay child support and let me claim her on taxes?" He asked her about schools, and she told him she plans to use the SAME address she used before to get her in the one decent school. He tried real hard to get her to see what a great opportunity this was for SD, with the schools, and asked her to think about it, and assured her we would not ask for child support and would bring her back every 4 weeks or so, and give her as much time in summer as she wanted.

So, in the last month, SD has been talking about moving, seeming really excited about it. Two weeks ago, her older sister, the oldest of the bunch, asked if she could spend the night to go on a beach day trip. Of course that was fine. She went, the next day we texted asking when she was coming home. She said her mom asked if she could stay the week. That was fine. That Friday, her mother texted my husband and said "Hey!! Just letting you know SD wants to live with me so we will need to take care of some things." He told her he would talk to SD that weekend. He told her to have SD ready on Saturday, bc he was coming to get her, and ex told HIM, she had gotten SD a job and she was NOT coming home. SD had avoided all attempts for my husband to get in touch with her, and he finally told his ex she needs to have SD call him. He finally got in touch with her and she told him "I've been trying to tell you but you wouldn't listen, I figured this was the only way to get through to you". There has been a lot of back and forth ever since. He has spoken to a lawyer that said legally, she can't keep her, which we knew.

Saturday this week, they came by to get the money from her savings account, and as they were leaving, ex told my husband she had custody papers drawn up, so they need to get together. He told her he wasn't signing anything b/c there isn't any rush. He was informed her attorney told her she needs to get them signed before he leaves. He hasn't signed anything. During this time, we invited SD to come with us the next day to go to church in the new town. She said she would be back if she could go. Later on, ex texted him about some medication he owes her for for one of the other kids, he said he didn't have it right that moment (we do, and it's petty but we still have two weeks per the court order and she has really made him angry in the last two weeks) she informed him maybe he shouldn't be wasting his money going on day trips if he can't pay his bills.

Now, we have been back and forth on how to handle this. Obviously the easy thing is to let her go. We can go on and enjoy our lives, and not rock the boat. We are 99.9% sure the oldest daughter is in on this, and she barely tolerates us anyway, but after his ex said that, he lost it.... he is now wanting to enforce his custodial rights and bring his daughter with us. Our plan was to try to get her over for this coming weekend and just simply tell her "you are 16. You were able to choose to live with us b/c your mother let you, NOT because you chose to. you don't get to make that choice until you are 18. So, we can do this one of two ways. You can either peacefully come home and do visitation with your mother, and move with us. OR, we will fight this and we do have the resources to do so, your mother will lose, so the only thing you will accomplish is costing us all thousands of dollars. Your mother has no legal standing to take custody, and the choice of a 16 year old who already sat in the same judge's chambers and chose to live with us is not going to hold much sway."

Please understand, when I say he was considering allowing it, it was due to saving the relationship with the rest of the kids, however, the only one it will affect is the oldest, and like I said, she barely tolerates us anyway. She and her mother are BFF even though her mother kicked HER out at 16.... the other child who had lived with us, did so b/c their mother couldn't handle him. I'm just at a loss for this.

Any advice? Anyone BTDT? Should I have posted this in the court forum? I'm just at a loss for how to encourage him to go. Thanks in advance! Sorry this is so long and probably jumbled.

Tnbsmommy's picture

Camper, our state actually favors the relocating parent. It is not considered a change in circumstance, and the parent wanting to change custody bears the burden of proof. "only parental behavior that poses a clear danger to the child's mental or emotional health can justify a change in custody"

Clevergirlfriend, I'm so so relieved it isn't just us seeing it that way. Of course, we don't know what is being said between them, but that is EXACTLY how we are seeing things. I really hate it is coming to this, but I am very much leaning towards that.

Tnbsmommy's picture

You really think it would be a waste of time, effort and money, seeing how this child has already chosen her father over her mother(and it would be the same judge), she would have to change schools regardless if she comes with us or goes with her mother, and neither of them want her in the school her mother is zoned for and she will not move back to town, so her only option is to lie about her location to get her in, a location she has already been busted for using at the same school? How in the world is a judge going to rule in her favor? How in the world is that in her best interests? I really don't see how.

Tnbsmommy's picture

It's not a job he can work from home. And, yeah, we have thought about the CS thing.

He has a call into his lawyer to ask him what we are looking at if we fight this, and still plan to go.
We know he can't say HOW the judge will rule, but he's familiar with the judge and what the likelihood is.

His daughter is very wishy washy and wants to please whoever she is with, which is probably why they've made more than sure she is not allowed to be alone with us more than 10-15 mins since this all started.

Rags's picture

BTDT? What is that?

As far as how DH is handling it.... He is handling it exactly right. He needs to follow through on exactly what he outlined out to SD-16 and make sure she clearly understands that her decision has consequences.

Warm up the lawyer and you and DH have fun giving clarity to the girls and their mother.

Tnbsmommy's picture

We are praying that we can convince SD that this will only serve to waste thousands of both her parents dollars. We will see though. Thank you. Smile

Tnbsmommy's picture

I understand what you're saying. I really tried to get him to the first weekend. He is really wanting to do this in the least, traumatic I guess, way for everyone. unfortunately you sometimes have to do what you have to do and they put him in this position.

oneoffour's picture

OK well one argument you can throw in there with your lawyer is BM has stated she will deceitfully use a fictitious address to enroll the girl in school. It shows the mother is not responsible. Also the crap about child support. I would say if you let her go the CS is proportioned on his income NOW and not in a few months. Anything could happen in the next few months. DH could get very ill and not take the job :jawdrop:
Do not let that woman benefit from your husbands hard work. And I would throw in that SD cannot change her mind until the end of the 2016-17 school year. She wants MOTY and SOTY wait until the honeymoon is over and she hears and sees your great life while she is struggling with her mother. Oh well!

Tnbsmommy's picture

That was definitely our first thoughts. If we allow this without fighting it we need to do it now before his income goes up. And, my husband made it very clear to SD, if this happens, she only has until it's signed by a judge to come home. After that, we are done. They can have each other. (this was when we were leaning towards letting her go without a fight).

Tnbsmommy's picture

Honestly, I think we have both been very close to this. But, then we go back to the difference in schools and what is truly in her BEST interests. We've gone back and forth so much I'm not even sure what our reasons are anymore!

Our state the CS continues till 21. :/ We have no doubt this won't last. Out of the four, this one is the most headstrong and outspoken and determined to get her way of the bunch, if her mother couldn't handle the other two, we have no doubt the same outcome will happen.

Tnbsmommy's picture

My husband just talked to his attorney. He was told that there is a MAJOR hurdle they would have to get through in order to even consider the rest of the factors to change custody. The hurdles being her schooling and whether the move would adversely affect her. Given the fact that she would have to change schools regardless, and the job situation, plus the better schools where we are moving to, he didn't believe they would be able to get past the first hurdle to even get to the other factors to be considered. He said her wishes would be considered ONLY after ALL the other factors were.

He forgot to ask what he should do if they are refusing to return her. I told him, tell his ex he spoke to his attorney, SD is NOT moving in with her, and she has until Friday to return SD, if she isn't returned, he will press charges and/or file contempt, whichever he has to.