Log in

View Full Version : regain custody


Kariab123
Dec 3, 2013, 10:43 PM
My daughter is 15 and her father has had custody of her since she was 5 due to my drug addiction. I have been clean for 13 yrs and have visitation with her and her sister who just turned 18. My 15 yr old does not want to live with her father and step mother due to lots of verbal abuse and other issues. I told her to tell her father that she wants to move with me but he probably won't let her. If I take him back to court for custody will the judge let her speak of where she would like to live? I am not an unfit mother and have been paying him support. They have already had CPS involved due to the conditions of issues that were happening with the girls. I took him to court for joint custody 4 yrs ago but the judge chose him due to my past of 13 yrs ago. We live in California and wanted any advise that you all can give me..
Thanks for listening.

Fr_Chuck
Dec 3, 2013, 10:47 PM
First it is not fair, to tell child to "ask her father" that is using the child as a pawn. The answer would be, I will have to go back to court and try. Now you are making the father, who has the legal rights seem like the bad person to the daughter.

You either, tell daughter that you are not willing to go to court to fight, or you go to court. Blaming the father, is a low move and you should be ashamed.

ScottGem
Dec 4, 2013, 05:51 AM
As Chuck said, you need to handle this properly. You go to court and petition for a change in custody. At 15 the court should listen to your daughter's preference, but they will make a decision based on what they think is best for her.

I also agree that putting her in the middle like that is not the best move.