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    clashally's Avatar
    clashally Posts: 1, Reputation: 1
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    #1

    Jun 11, 2011, 03:32 AM
    Father has custody after mother abandoned family
    I have 3 beautiful kids, ages 13, 11, and 6. my husband and I are legally separated. He has full sole custody. Legally have visitation. Which states every other Sunday supervised visits at his moms . I abandoned my husband and kids 4 years ago and got into a lot of trouble. But now that is all behind me and I either want normal visitation or joint custody. Is it at all possible or am I just dreaming?
    martinizing2's Avatar
    martinizing2 Posts: 1,868, Reputation: 819
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    #2

    Jun 11, 2011, 03:57 AM

    What do the father and children have to say about this?

    The court can be petitioned to modify or change the order but you need to be ready to show why it should be so ordered.

    If you could reach an agreement with your husband and kids then approach the court I feel is the best way for this to happen.

    I also recommend you get an attorney to advise you on local laws and issues that come into play and to look over any agreement you may reach . Do Not go into court without an attorney. You will be chewed up and spit out before you know what happened.

    You are not dreaming , it can happen. But it is going to take a lot of work on your part to show you've changed and are ready to be a positive influence on the kids lives.

    I wish you well and commend you for what you are trying to do.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 11, 2011, 06:44 AM

    Anything is possible. But we can't predict what a court will do. If he has sole legal custody, that's generally a drastic step for a court to take. So there may be some difficulty overcoming that.

    On the other hand, if you have kept up your visitation religiously and represent no danger to the children, there is a good chance unsupervised visitation will be restored.

    But the only one who can tell you what your chances are would be a local Family Law attorney. You would have to tell them the FULL story. They can check the orders currently and place and they will know the mood of the local courts.
    Anaicka's Avatar
    Anaicka Posts: 9, Reputation: 0
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    #4

    Jun 11, 2011, 05:43 PM
    The laws of your jurisdiction will set the limits for what, when and how much you can do. Speaking with a ocal lfamily law attorney or two should help you clarify your options. Many have free or low cost initial consultations.

    If you file a motion to modify your existing order you will have to convince the court to grant it. Your visit history, changes in circumstances, and other factors in your situation will either help you or hurt your changes. You also have to consider what the other side will say. Often courts listen to "he said she said" evidence and have little outside evidence to support either side. Providing outside documentation or other support for your position will help.

    Some jurisdictions also consider the children's wishes. Others prefer not to involve the children in the process. Local counsel will help sort it out.

    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 11, 2011, 06:38 PM

    Agree with the above, there are chances, Part of it will be how long you have had your problems behind you. If the "problems" ended one year ago, it is better than 4 days ago.

    Often the court may want counseling ( at least around here they would) and the recommendations of the court couselor will mean a lot. But just what the problems were and how long you have been past it, and what you are doing with you life now, makes the big difference

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