How Likely Is It?
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Hi Everyone,
About 2 months ago, my husband mentioned trying to get full custody of his daughter. She expressed the desire to live with him, and right now she visits during the summer. I know things like this vary by state, but how likely is it that he would be awarded full custody? I was told that in the state that she's in, the child has no say in where they live. I don't know if this is something he will still pursue, but I was just curious if there have ever been cases where a father was awarded full custody when there are no real issues in the birth mother's home. I don't know much about child custody, but it does seem like the system in general favors mothers. Thank you all in advance for your input.
Advice is right. If they
Advice is right. If they both agree then there can be a change of custody.
How old is his daughter? Does he pay CS?
His daughter is 11 and yes he
His daughter is 11 and yes he does pay CS. Which is why I can't see her mother agreeing to a custody change. I mean how many people are going to give up almost $900 a month willingly? I guess you never know though.
Does she only express these
Does she only express these desires when she's visiting or during the year too? That would be awesome if he got to see his daughter every day. But unless mom agrees, it won't happen. Courts tend to want to keep the status quo if it's working.
There is no change at all
There is no change at all that I know of.
IF the current custodial
IF the current custodial parent BM agrees then absolutely it will work out. It is easy peasy to do.
What does BM say?
It's extremely unlikely
It's extremely unlikely especially if the BM is not on board. It's more likely the girl is telling her Dad what she thinks he wants to hear OR her dad is playing Disney Dad during the summer and she is under the wrong impression that it'll be "Summer vaca" all year round if she just lives with dad. My five year old SS tells us he wants to live with us forever...he also tells his BM he doesn't want to come back home when she's about to drop him back off. They think hearing this stuff equivocates to showing love.
Not likely at all unless mom
Not likely at all unless mom and dad agree. Kids don't get to choose. In some states the Judge can elect to hear what the kid has to say about where they want to live but the choice is still the Judge's to make if the BioParents can't agree.