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-   -   Ex trying to take my daughter away. Does he have a chance? (https://www.askmehelpdesk.com/showthread.php?t=590099)

  • Jul 29, 2011, 01:36 PM
    Sweetyie12
    Ex trying to take my daughter away. Does he have a chance?
    Me and my ex have joint legal custody of her and me full physical. Well he's trying to take her away from me. He's only been in her life for 3 years. She's 7 and now he's going and getting all her medical records which I have no idea why and we do have joint legal but the judge says we have it but my say out rules his if I feel it's the right choice. I'm a good single mom of 5 and take care of my kids and I have never been in trouble so my question is how good of a chance does he have?
  • Jul 29, 2011, 02:06 PM
    JudyKayTee

    Without knowing his grounds - and where you live - there's no way to know.

    The Court "usually" (and, again, I don't know where you are) evaluates what both of you have to say, talks to the parties, decides what is in the best interest of the child.

    It seems odd if there have been no problems that he is getting all of her medical records.

    What has he done to get custody? Filed in Court? Something else?
  • Jul 29, 2011, 02:12 PM
    Sweetyie12
    Comment on JudyKayTee's post
    We went to court last year and he got joint legal also since he's been and her life he's taken me to court twice to lower child support and were going again because he wants to lower it again also he's been asking lawyers out there how be can claim her on his taxs so to me it's about money I also pay for gas for him to see her
  • Jul 29, 2011, 04:49 PM
    ScottGem

    Comments on this post
    Jaycanadian does not find this helpful : Vague

    A negative comment should only be used for responses that have incorrect or inaccurate facts. Like several of your posts. Judy's response was neither. Her response was not vague, but, because of limited info from the OP needed to ask for more info.

    Your negative rating will be removed since its was incorrectly given and violates our rules.
  • Jul 29, 2011, 04:53 PM
    ScottGem

    First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments. Second, ANY question on law needs to include your general locale as laws vary by area.

    I agree it looks like he's trying to get out of paying support. The courts will see this. But he will need to prove to the court that you are unfit and it appears that will be hard to do.

    Generally courts limit how often the NCP can ask for modifications. Again judges aren't stupid they can generally see through this.
  • Jul 29, 2011, 05:43 PM
    Sweetyie12
    Thank you both for your comments makes me feel better And sorry I live in California
  • Jul 29, 2011, 05:44 PM
    Sweetyie12
    And I didn't give a bad rating did I? If I did I didn't mean to
  • Jul 29, 2011, 05:55 PM
    ScottGem
    Quote:

    Originally Posted by Sweetyie12 View Post
    And I didn't give a bad rating did I? If I did I didn't mean to

    No you have been fine. It was another poster who we are having issues with.

    Good luck and keep us posted.
  • Jul 30, 2011, 05:37 AM
    JudyKayTee
    Quote:

    Originally Posted by Sweetyie12 View Post
    And I didn't give a bad rating did I? If I did I didn't mean to


    No, you're fine - in fact, you're better than fine because you answered what we needed to know.

    I think when fathers (or mothers, for the fact) are all about the money or causing the problems Judges can see exactly that.

    Sounds like he's fishing for reasons to get under your skin and it's about the money (as Scott said).
  • Jul 30, 2011, 06:23 AM
    Fr_Chuck

    Of course if his income has changed each time he filed, that is what he is suppose to do, file to lower payments according to his pay, * we would tell him to file to lower payments if he came and said his job or pay changed.

    Also it appears he was in the child's life, got to know the child, perhaps then wanted to be more in the child's life, so he got legal custody at that time.
    Now perhaps he wants joint custody also, to have the child with him more. Again if he was asking this question, and said he has known the child for 3 years now, gained legal joint custody but wanted to be more in the child's life, what would we tell him ? Get to know the child, get the child use to you, and then file for joint custody with the mother.

    I can see the same issue worded differently from the other parent.

    If there is no reason the man should not have perhaps joint custody, courts are more willing to give that now

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