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    Djones2009's Avatar
    Djones2009 Posts: 5, Reputation: 1
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    #1

    Nov 10, 2012, 12:01 AM
    Mother regaining custody after signing papers for father having sole custody
    What are the circumstances for a mother regaining custody after signing papers for father to have sole custody?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 10, 2012, 01:02 AM
    Have the papers all went though court already, has the judge signed them ?
    Djones2009's Avatar
    Djones2009 Posts: 5, Reputation: 1
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    #3

    Nov 10, 2012, 07:46 AM
    Yes since July... the mother was on drugs now she has cleaned up n has a job. The daughter is 5. Would it be easy for her to regain custody back after my husband has received sole custody? Would she have to prove him unfit like he had to with her? Right now she gets 2 hours supervised visits 1,3,5th weekends
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Nov 10, 2012, 08:17 AM
    IS he unfit?
    It isn't about proving something about him; she needs to prove she has changed. She can petition for a change in custody, but it won't be easy.
    Djones2009's Avatar
    Djones2009 Posts: 5, Reputation: 1
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    #5

    Nov 10, 2012, 12:20 PM
    No he isn't he is actually a pretty good dad. So all she has to do is show that she has changed? That's crazy to keep moving a kid from one house to another house. She lost her rights to the 2 boys through cps but we didn't want to wait on cps so that is why we went to court. I just thought the only way she would be able to get her daughter back is if our household was unstable not just by showing she has changed. Is there anything he can do to make he stays the managing conservator?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    Nov 10, 2012, 12:28 PM
    Managing conservator? Where are they located? Where do you stand in this?
    I didn't say 'all she has to do' anything! I said she can petition the court for a change in the custody arrangement, and courts generally don't want to deprive either parent of some amount of contact. But she may have to keep the current visitation, or she may get some more visitation, or it may take a very long time for a series of changes leading to shared custody, based on her ability to stay both drug free and financially stable. You can't go online expecting exact answers to questions that depend on many variables, and over time.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Nov 10, 2012, 12:48 PM
    Staying clean for 6 months is not likely to get a change in custody. It might get some increased visitation.
    Djones2009's Avatar
    Djones2009 Posts: 5, Reputation: 1
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    #8

    Nov 10, 2012, 12:52 PM
    I wasn't asking for exact answers just was wondering what the possible outcome could be if she does take him back to court. We are in Texas. But thanks for your help have a great day.

    Im looking for someone who does know something about what I'm asking not someone who wants to get smart
    Djones2009's Avatar
    Djones2009 Posts: 5, Reputation: 1
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    #9

    Nov 10, 2012, 01:00 PM
    Quote Originally Posted by ScottGem View Post
    Staying clean for 6 months is not likely to get a change in custody. It might get some increased visitation.

    That's fine also we let her go over every other weekend anyway you know she is 5 and don't understand. We want her to see her mom still just not stay with her because this isn't her first rodeo with drugs and even though she gets clean she still hang with same crowd

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