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kidpro · Oct 6, 2008, 01:48 PM

Iam seeking custody of my 15 year old daughter whoes living with her uncle because my ex-wife is to sick mentally to take care of her but there family will not give her to me because all they want is control of her which is very sad do I have rights to getting her back please let me know

Thank you

Jeff

cdad · Oct 6, 2008, 01:59 PM

Originally Posted by kidpro

Iam seeking custody of my 15 year old daughter whoes living with her uncle because my ex-wife is to sick mentally to take care of her but there family will not give her to me because all they want is control of her which is very sad do I have rights to getting her back please let me know

thank you

Jeff

What does your current custody order say ? You will have to file with the court that the order came from for a modification. You need to ask for full custody. Is her condition permenent or temporary ?

kidpro · Oct 6, 2008, 03:45 PM

Originally Posted by califdadof3

What does your current custody order say ? You will have to file with the court that the order came from for a modification. You need to ask for full custody. Is her condition permenent or temporary ?

She has sole custody which the court system made a mistake even my other daughter who just turned 18 has got into a lot of trouble should have been with me but that didn't happen. I filed the papers already for custody and to stop my child support and contemp because I have been paying child support and my ex does not have my kids living with her also my son has told her and the grandmother to let dad have the kids there is no reason in the world that I should not have my girl living with me Ive tried talking to my ex brother in law but I just can't trust him.

cdad · Oct 6, 2008, 03:49 PM

Forget trust and go with the court order. They have no right to her in any way because if the mom is mentally unstable then she might not have been in the capacity to turn over the child to anyone but yourself or DCS. Good Luck. Keep us posted how it turns out.

Fr_Chuck · Oct 6, 2008, 05:38 PM

Sole custody is merely that she has custody, you did not have your rights taken away? You should have had visit rights.

If mother is not able to care, then you go to court and file a motion for custody.

JudyKayTee · Oct 7, 2008, 06:19 AM

Originally Posted by Fr_Chuck

sole custody is merely that she has custody, you did not have your rights taken away ?? you should have had visit rights.

If mother is not able to care, then you go to court and file a motion for custody.

Absolutely right - do you have joint custody and she has physical custody? If so, you go back to the Court that issued the original custody order and ask for a modification based on changed circumstances.

Relatives do not have rights which are superior to yours - which means YOUR rights as a father come BEFORE their rights as an Uncle, Aunt, Grandmother, whatever they are.

Now, if the children want to stay where they are, that could be an issue but the Court would evaluate this from all angles, interview the children, perhaps appoint legal guardians for them, make a decision. What the children WANT to happen is not necessarily what WILL happen.

Quite candidly I am concerned because you have posted this situation as well as other issues involving these children (including tax questions) before, at least three times, as long ago as February. I don't see you've followed any of the suggestions or advice. Perhaps those posts should all be combined to make your situation easier to understand.

ScottGem · Oct 7, 2008, 07:50 AM

Just a point here. Your child support payments go to the support of your child. The money may be turned over to the uncle to care for her.

But assuming you have already filed for a change in custody, once you gto physical custody, support should end.