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doglover06 · Oct 30, 2009, 11:32 AM

I have been with my boyfriend for 3 years now we have a son together he also has 2 girl 9 and 4 with his ex wife. She gave full custody to the father in April of 2006 because she was unable to take care of them any more. After that she got herself in all kinds of trouble with the law for drugs and stealing even spent time in jail. She is aloud to see the children on tues and thurs from 4-8 court ordered. Since she has cleaned up and stayed out of trouble and is living with her grandma my boyfriend has been allowing the children to go with her every other weekend. She has been recently telling the children she is going back to the judge and saying that she is able to provide for them and take care of them now. Obviously since they are little girls they want to be with there mother. Can she get FULL CUSTODY back if she gave the father full custody almost 3years ago? Or will she just get partial, joint or just stay with the visitaions?

stevetcg · Oct 31, 2009, 04:32 AM

Its hard to say what a judge will decide but typically unless there is compelling reason to change, the judge will keep things the same.

I would absolutely have a lawyer with me for this. She might allege things that are not true to make her case stronger and a good lawyer will know how to deal with those.

speg · Nov 5, 2009, 07:57 PM

I'm currently dealing with the same thing. Have you heard anything yet? I'm going to have to see a lwayer but it will be about a week until I can go.

Fr_Chuck · Nov 5, 2009, 08:00 PM

She can always file, and it may be just up to the judge. Depending on the age of the children, the judge may talk to them also

doglover06 · Nov 9, 2009, 06:13 AM

We haven't heard anything yet! We are thinking that maybe she's just saying she's going to go for full custody were not sure. One thing I know is the kids were there last week didn't brush there teeth or bath all weekend and were dirty! So if she can't handle them for today does she really think she can handle them full time? Come on. Speg let me know what that lawyer tells you

cdad · Nov 9, 2009, 03:06 PM

Most of the time judges are reluctant to change the status quo. Right now with him having full custody its not likely there will be a change unless there is something else going on. How likely is it she will be granted visitation on a broader scale ? The chances of that are pretty good. At least the every other weekend can be written in stone and maybe down the road expanded but as far as a major jump it can happen depending on the judge but its not likely to happen.
Has he thought about a visitation set up at all if that is what happens in court ?

doglover06 · Nov 9, 2009, 05:02 PM

She currently has visitations court order tues and thurs from 4-8 but... the father on his own has decided that since she's cleaned up and living with her grandma to let the kids go every other weekend. The every other weekend is not set in stone that's on there own terms. However we know the judge probably wouldn't remove the girls from us just because mom wants them back but... both girls want to go back to moms because there are no rules there no chores not bed times and they can miss school as much as they want for instance the oldest missed 34 days in half a year and nothing was done about that!