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I am sorry, I did not mean to bring back any bad memories!  Honestly, we would not be doing this if we thought it would not be best for the girls. OSD is just not happy with mom and she gets a lot of mental/physical abuse because she is known as "daddy's girl" The ex hates me and my husband and will do anything she can to try and turn the girls against us.  Thank goodness so far it has not worked though.  We told OSD back in March that all we want is for her to be happy and relaxed and we do not care where she lives as long as she is safe.  We told her that if she wants to keep things the way they are for now we are ok with that as long as mom is doing what she is suppose to do. She told us NO, I do not want to stay here I want to live with you.  She has told her mom this and her counselor and all of her friends down there!

There is really not an option for us to go into mediation to ask for more time - we are long distance and live 1100 miles away from the kids. We get the maxium amount of time for long distance now and adding more really is not an option as we pay for 100% of the travel costs.  Not to mention that she (the ex) has already told us that she will not give into this and will only let the girls live with us if the Judge rules that way.  We know that with the money that she has available to her and how dirty her lawyer can play that this could very possible be really really ugly - it was during the abuse case!  We just hope that it does not get that way again this time!  Hopefully the Judge will put a stop to the non sense that went on last time!

No it is not just mom and daughter not getting along very well.  I did not want to go into all the details because it would take all day.  The last custody issue we were in with her was with CPS because she was physically abusing the children, the children were removed from her home for 2 months but due to the fact that she has an unlimited supply of money she flat out spent us.  Our lawyer said at that point the best thing for us to do was sign an agreement regarding what she had to follow for the abuse and then wait until the child was 12 and file then.
We have tons of documents proving PAS not to mention the child herself telling things that mom has said to them.  The child's counselor has even said that this child desperatly wants to live with her father and she thinks she should.
We know it will be similiar to what we went through before we were just hoping that we could eliminate some of the costs that we had before.

My oldest step daughter will be 12 May 14th, in the state of Texas that is the age that they can petition to the courts their choice of custodian.  We know that it is not a done deal at that time, that the court will make the final decision.  My step daughter is VERY adament about living with us and has been for the last 1 1/2 years.  Her mother is aware of her wishes and my husband has tried to talk to her and see if we could do this without going thru a contested, nasty, costly battle but she said NO NO NO and heck NO!  So she will sign the Minors Choice Form in May and our lawyer will file it all.  We live in Indiana the children and the ex live in Texas - and that is where the proceedings will take place.
Does anyone have any experience with all goes on when the child petitions the court for the change?
We have been thru a custody situation before and it was really ugly, the ex has TONS of money (well her daddy does) and they wanted a home study, depositions, GAL, and everything under the sun!  We are hoping that this time will be a little different since it is the child's wishes and she is putting it in writing.  We do have a ton of docmention and taped conversations with the ex and her inability to co parent or even support a working relationship!!  Her last episode was about 3 weeks ago when she had the oldest hystericaly crying because she got mad at her and told her she hated her!!  Meaning mom told the child she hated her!!  It was awful!!