Evicted

[mango]

Does it matter if BM who is Custodial parent has no job and recently evicted from apartment.

SD age, 12.

BM currently filed for sole-custody in an attempt to dissolve the current 50/50 order. Court is set for January 12. She is claiming SD wants "more time" with BM, and she is old enough to decide.

We are Pro se.

We live in separate towns 30-40 mins apart.

BM has not worked in over 6 years, and has been a student getting Master degree after degree, with no job.

She is supported (with her own apartment) by her mother, but recently evicted from there. She did (somehow) manage to get another apartment nearby. Which I would think they would check her history and not wnat to rent to an unemployed, evicted renter.

Anyway,

We would love to file a return motion for sole-custody but it would change her school district. Plus SD is brainwashed, and we have court order for counseling for now...

We feel we are better able to care for her since DH is better off mentally, stable, owns home, has siblings (half sibs), etc.

Would that be foolish? Does anyone know if court looks at eviction as a big deal or not?

[bestmom2sd]

I would think that you would most likely recieve custody since bm is not able to provide for her child and has not made any attempts.  I would file, because obviously there is sufficent amount of proof.  and about what sd wants, it really isn't up to them.  the courts do take it into account and look into why, but as long as there isn't any abuse there is not reason for sd to be able to make the decisions.  that is why they are required to have a parent or gaurdian until the age of 18.  Good luck

[wendl]

not neccessarily, I know a woman that was evicted from 2 homes and had over 5 places in about 3 or so years (once living in a HOTEL). Plus 2 of the places she lived I wouldn't let a rat live in.

But hell you never know. You may get a decent judge.

**These are my opinions, they are not legal advice**

[junglechicken]

If bm has an apartment, she's a fantastic mother.  (sarcasm)

I speak from experience.  Our bm's been evicted at least twice, maybe three times.  She's been living at her parents' (with my sds, her son by her bf, her twin sister, twin sister's 3 kids, and the parents) since before last Christmas.  Going on a year.  She can't get a place because of the enormous black mark on her name.  Court won't care.  She just recently resumed her lucrative burger-flipping career as well - wasn't working for the better part of this year.  

So no, I wouldn't even bother just based on this.

[dontunderstand]

Unfortunately, I have to agree with the above.  Our BM abandons apts.   5 to date and inbetween she lives with her parents.  8-10 people in a 3 bedroom trailer.  BM will pick up SD at school and she won't have the same home that she had that morning.  She can't/won't keep a job she has had 1, about 4 years ago.  And she was just fired again at a job she has maybe had 1 month.  And more fuel to the fire SD missed 60 days of school and had 40 tardies last year and that wasn't even enough for even a temporary custody change.  Unfortuately we say it is in the best interest of the child, but the reality of it is that the court really couldn't care less, at least here in WA...