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Home > Law > Family Law   »   Custody Battle!

 
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Old Nov 28, 2006, 11:01 AM
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Custody Battle!

Hello.
I'm Kelli. I'm 22. I have two daughters, Sarah (3) and Emily (1). They are my life. In March, I eloped to a gentlemen I thought I loved. We only dated for a short time but I thought this person would make my family "whole" (I am from a broken home and foolishly thought this would bury the scars). I moved into his house (in a crummy neighborhood) hoping to get a new place shortly and bring my girls (who continued living at my mom's) with me. Unfortunately, he progressed to being a wifebeater and couldn't keep his... in his pants. My mom informed me she would be taking the girls for custody in June because she believed that it would be better for the girls. At that point, I agreed. I cried at the hearing but agreed to sign them over. My mother has full physical custody and joint legal custody.

Now, eight months later, separated from my husband (since May) who refuses to get a divorce and also incarcerated for at least two years, and living back at home with dear mommy (sarcasm). When I moved back in on August 30th with my boyfriend (yes, I have a boyfriend although I am married - my husband likes him. I met my husband's girlfriend at the time too. There is no secrets between us.) and became a mommy anyone would like to have. Btw, we agreed when I moved in that rather than paying rent, my boyfriend and I are working on remodeling her basement for her.

Since August, I have spent nearly every waking moment with them. I take them to daycare every morning, pick them up, and put them to bed. I make them a home cooked meal every night, do their laundry, etc. My girls are my life. I may have been a crappy parent before choosing my husband over my girls (in a nutshell), but I have definitely stepped up to the plate. Btw, my boyfriend is wonderful with them. He loves them and they consider him their daddy. They are great together. And yes, this one I waited QUITE A WHILE before introducing them to him, not like my 'husband'.

Ok, so here's what happening:
My mom filed child support against me at that first court hearing in June. I have not paid it and had a conference this morning with my caseworker who insists I go before a judge in January for contempt of court. I tried to explain the situation to him and he bluntly ignored me.
I moved back into my mother's house in August.. ever since,:
1. Refuses to even watch girls for me when I would like to go a store without dragging around two sleepy girls... considers it "babysitting" no matter what hour of the night or day...
2. Refuses to buy groceries for the girls which leaves me paying at least $100 bi-weekly to groceries...
3. Refuses to spend time with them.. coincidentally, her job is salaried, she works 8a-4p, yet doesn't come home until 8-9pm to "finish" her work... which continues to her 'visiting' the girls after they are already in bed.. disrupting their sleep schedule that my mom had the ballz to bust me on the FIRST time around in court in JUNE.
4. And on TOP of all that... WANTS me to pay HER childsupport of $300+ a month!

She says she is teaching me the 'ways of the world' and that I OWE her that $300 a month and therefore she will not drop cs so I am demanding going thru a custody battle to win my girls back!

The total expenses for the girls since September 7th, has been $846.21!
Why, on top of that, should I pay another damned $900 in addition to what I owed since June?!
This is bull!
Making $8 and should I only work 25 hours, I ACTUALLY BRING HOME LESS THAN $35 a MONTH after bills!

When I admitted to her that I was planning on getting custody back, she remarked, "Good Luck."
I am trying to get my own place and so desperately seek to get my babies back from someone who doesn't pay or even take care of them, yet gets my money!!

What am I supposed to do?

I am going to legal aid today to talk to them.. hopefully that'll help..
Please keep my kids and myself in your prayers... they're everything to me.

Kelli
My email address is [email address] if anyone wants to write there. Thanks!

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Old Nov 29, 2006, 10:51 PM   #2  
KISSROMEO2
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Quote:
Originally Posted by KISSROMEO2
Hello.
I'm Kelli. I'm 22. I have two daughters, Sarah (3) and Emily (1). They are my life. In March, I eloped to a gentlemen I thought I loved. We only dated for a short time but I thought this person would make my family "whole" (I am from a broken home and foolishly thought this would bury the scars). I moved into his house (in a crummy neighborhood) hoping to get a new place shortly and bring my girls (who continued living at my mom's) with me. Unfortunately, he progressed to being a wifebeater and couldn't keep his... in his pants. My mom informed me she would be taking the girls for custody in June because she believed that it would be better for the girls. At that point, I agreed. I cried at the hearing but agreed to sign them over. My mother has full physical custody and joint legal custody.

Now, eight months later, separated from my husband (since May) who refuses to get a divorce and also incarcerated for at least two years, and living back at home with dear mommy (sarcasm). When I moved back in on August 30th with my boyfriend (yes, I have a boyfriend although I am married - my husband likes him. I met my husband's girlfriend at the time too. There is no secrets between us.) and became a mommy anyone would like to have. Btw, we agreed when I moved in that rather than paying rent, my boyfriend and I are working on remodeling her basement for her.

Since August, I have spent nearly every waking moment with them. I take them to daycare every morning, pick them up, and put them to bed. I make them a home cooked meal every night, do their laundry, etc. My girls are my life. I may have been a crappy parent before choosing my husband over my girls (in a nutshell), but I have definitely stepped up to the plate. Btw, my boyfriend is wonderful with them. He loves them and they consider him their daddy. They are great together. And yes, this one I waited QUITE A WHILE before introducing them to him, not like my 'husband'.

Ok, so here's what happening:
My mom filed child support against me at that first court hearing in June. I have not paid it and had a conference this morning with my caseworker who insists I go before a judge in January for contempt of court. I tried to explain the situation to him and he bluntly ignored me.
I moved back into my mother's house in August.. ever since,:
1. Refuses to even watch girls for me when I would like to go a store without dragging around two sleepy girls... considers it "babysitting" no matter what hour of the night or day...
2. Refuses to buy groceries for the girls which leaves me paying at least $100 bi-weekly to groceries...
3. Refuses to spend time with them.. coincidentally, her job is salaried, she works 8a-4p, yet doesn't come home until 8-9pm to "finish" her work... which continues to her 'visiting' the girls after they are already in bed.. disrupting their sleep schedule that my mom had the ballz to bust me on the FIRST time around in court in JUNE.
4. And on TOP of all that... WANTS me to pay HER childsupport of $300+ a month!

She says she is teaching me the 'ways of the world' and that I OWE her that $300 a month and therefore she will not drop cs so I am demanding going thru a custody battle to win my girls back!

The total expenses for the girls since September 7th, has been $846.21!
Why, on top of that, should I pay another damned $900 in addition to what I owed since June?!
This is bull!
Making $8 and should I only work 25 hours, I ACTUALLY BRING HOME LESS THAN $35 a MONTH after bills!

When I admitted to her that I was planning on getting custody back, she remarked, "Good Luck."
I am trying to get my own place and so desperately seek to get my babies back from someone who doesn't pay or even take care of them, yet gets my money!!

What am I supposed to do?

I am going to legal aid today to talk to them.. hopefully that'll help..
Please keep my kids and myself in your prayers... they're everything to me.

Kelli
My email address is [email address] if anyone wants to write there. Thanks!
I talked to the legal aid and they said I could definitely go after my mom for custody of the girls.
A) I live with her. And since obviously she had a 'stable environment' for the girls to live in, it must be STILL stable enough for them to live at.
B) The courts typically want kids to stay with their biological parents.
C) I pay for just about everything and it's ridiculous for me not to have custody of my own girls.
She's also going to help me fill out the paperwork to file for divorce myself.

I'm excited.
Any advice on all the listed above? Thanks!
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Old Dec 4, 2006, 08:33 AM   #3  
KISSROMEO2
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Can someone please give me advice?
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Old Jun 30, 2007, 11:46 AM   #4  
JCollins57
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Quote:
Originally Posted by KISSROMEO2
Hello.
I'm Kelli. I'm 22. I have two daughters, Sarah (3) and Emily (1). They are my life. In March, I eloped to a gentlemen I thought I loved. We only dated for a short time but I thought this person would make my family "whole" (I am from a broken home and foolishly thought this would bury the scars). I moved into his house (in a crummy neighborhood) hoping to get a new place shortly and bring my girls (who continued living at my mom's) with me. Unfortunately, he progressed to being a wifebeater and couldn't keep his... in his pants. My mom informed me she would be taking the girls for custody in June because she believed that it would be better for the girls. At that point, I agreed. I cried at the hearing but agreed to sign them over. My mother has full physical custody and joint legal custody.

Now, eight months later, separated from my husband (since May) who refuses to get a divorce and also incarcerated for at least two years, and living back at home with dear mommy (sarcasm). When I moved back in on August 30th with my boyfriend (yes, I have a boyfriend although I am married - my husband likes him. I met my husband's girlfriend at the time too. There is no secrets between us.) and became a mommy anyone would like to have. Btw, we agreed when I moved in that rather than paying rent, my boyfriend and I are working on remodeling her basement for her.

Since August, I have spent nearly every waking moment with them. I take them to daycare every morning, pick them up, and put them to bed. I make them a home cooked meal every night, do their laundry, etc. My girls are my life. I may have been a crappy parent before choosing my husband over my girls (in a nutshell), but I have definitely stepped up to the plate. Btw, my boyfriend is wonderful with them. He loves them and they consider him their daddy. They are great together. And yes, this one I waited QUITE A WHILE before introducing them to him, not like my 'husband'.

Ok, so here's what happening:
My mom filed child support against me at that first court hearing in June. I have not paid it and had a conference this morning with my caseworker who insists I go before a judge in January for contempt of court. I tried to explain the situation to him and he bluntly ignored me.
I moved back into my mother's house in August.. ever since,:
1. Refuses to even watch girls for me when I would like to go a store without dragging around two sleepy girls... considers it "babysitting" no matter what hour of the night or day...
2. Refuses to buy groceries for the girls which leaves me paying at least $100 bi-weekly to groceries...
3. Refuses to spend time with them.. coincidentally, her job is salaried, she works 8a-4p, yet doesn't come home until 8-9pm to "finish" her work... which continues to her 'visiting' the girls after they are already in bed.. disrupting their sleep schedule that my mom had the ballz to bust me on the FIRST time around in court in JUNE.
4. And on TOP of all that... WANTS me to pay HER childsupport of $300+ a month!

She says she is teaching me the 'ways of the world' and that I OWE her that $300 a month and therefore she will not drop cs so I am demanding going thru a custody battle to win my girls back!

The total expenses for the girls since September 7th, has been $846.21!
Why, on top of that, should I pay another damned $900 in addition to what I owed since June?!
This is bull!
Making $8 and should I only work 25 hours, I ACTUALLY BRING HOME LESS THAN $35 a MONTH after bills!

When I admitted to her that I was planning on getting custody back, she remarked, "Good Luck."
I am trying to get my own place and so desperately seek to get my babies back from someone who doesn't pay or even take care of them, yet gets my money!!

What am I supposed to do?

I am going to legal aid today to talk to them.. hopefully that'll help..
Please keep my kids and myself in your prayers... they're everything to me.

Kelli
My email address is [email address] if anyone wants to write there. Thanks!
Keep a record of everything you pay and a journal of everything that happens between your mother and the girls. A track record of everything and take it with you into court and definately talk it over with your lawyer
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