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-   -   Father wants custody (https://www.askmehelpdesk.com/showthread.php?t=536655)

  • Dec 21, 2010, 12:04 PM
    javierrflores
    Father wants custody
    Father of my step daughter wants custody of my girlfriends child. He brainwashed her to wanting to live with him m since he lets her act up and do what ever she wants. She is only 7 yrs old. He told the mediator that I hit his child two years ago, which is not true I taped her hand for throwing food away, and spoke to her father about it and squashed it, keep in mid this happened two years ago. Now where suing for child support and he want to claim that I hit his daughter (all of a sudden) the mediator even told him that why didn't he file a claim when this happened? He said he thought this was the right time.


    Can he take her even though he has not been there thoroughly for his daughter? And the baby has lived with me since she was 4 yrs old.

    Thank you for your time and responses.

  • Dec 21, 2010, 12:33 PM
    ebaines

    Javier - you're not married to the mother, right? So the child is really not your stepdaughter. This is a custody issue between the father and your GF, not you. Courts almost always side with the mother in custody cases, unless the father can show that the child is living in a dangerous environment - hence he's bringing these issues up now. It doesn't seem that he has much of a case, especially if he has not been paying child support, and (I'm guessing) has not tried to see the child very much. Also, if he claims you were abusive two years ago, and he did nothing to fix the situation for two years, that is evidence that he's not a very caring father.
  • Dec 21, 2010, 12:40 PM
    this8384
    Quote:

    Originally Posted by javierrflores View Post
    father of my step daughter wants custody of my girlfriends child. He brainwashed her to wanting to live with him m since he lets her act up and do what ever she wants. She is only 7 yrs old. He told the mediator that i hit his child two years ago, which is not true i taped her hand for throwing food away, and spoke to her father about it and squashed it, keep in mid this happened two years ago. Now where suing for child support and he want to claim that i hit his daughter (all of a sudden) the mediator even told him that why didnt he file a claim when this happened? he said he thought this was the right time.


    can he take her even though he has not been there throughly for his daughter? and the baby has lived with me since she was 4 yrs old.

    thank you for your time and responses.

    As already noted, either you are a)the child's legal stepfather or b)the child's mother's boyfriend. Not both. Please clarify.

    It is not uncommon for children to state that they want to live with the non-custodial parent, especially when said parent doesn't create boundaries or give discipline when necessary.

    The father cannot "take" the child. The court CAN order a physical custody change, although I see that very unlikely at this point. The court will absolutely take into consideration that the mother/your partner has been the child's primary caregiver for the past seven years; unless there is reasonable grounds such as the child being abused/neglected in the mother's care, I don't see that the courts would grant a custody change.
  • Dec 21, 2010, 12:45 PM
    Fr_Chuck

    The court will look at what they feel is best for the child and lying to the court is almost common practice in family court, so they are used to it.

    It is doubtful of course he willl get custody, as long as you have good legal defense *** I mean the mother lose custody*** The father may get more visits or even may get joint custdoy if he lives close enough to make it work.

    I may have issues with "taping" a hand, depending on how it was done but that is another issue.

    As the boyfriend of the mother, unless you adopted the children and it does not sound like it, you have no rights in this what so ever and are not part of the legal action
  • Dec 21, 2010, 12:48 PM
    this8384
    Quote:

    Originally Posted by Fr_Chuck View Post
    I may have issues with "taping" a hand, depending on how it was done but that is another issue.

    I did as well until I realized it was probably a typo; I believe he mean he "tapped" her hand.
  • Dec 21, 2010, 12:53 PM
    javierrflores
    I am the boyfriend, sorry for the misrepresentation
  • Dec 21, 2010, 12:55 PM
    javierrflores
    Tapping sorry, not taping
  • Dec 21, 2010, 02:20 PM
    joypulv
    It's common for a child to be angry at someone and want to go live elsewhere, and the courts know this. Don't let that part worry you.
  • Dec 27, 2010, 11:47 AM
    javierrflores
    Thanks

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