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I want full custody when she goes to Kindergarden, how can I put myself in the best possible senerio to do so?

Started by JOE BLOW77, Jun 08, 2007, 11:03:54 AM

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JOE BLOW77

Currently I am working on getting a permanent residence, one that I own.  my daughter will have her own bed room in a nice neighbor hood.  I am financially and emotionally stable.  her and I have a great bond as well and I am sure any court appointed mediator/psychologist will see that.  
My problem lies with her.  She refuses to disclose her address to me even though she has been ordered to do so.  She keeps giving me fake addresses everytime I go to court.  She does not let me speak to my daughter on the phone.  I have 50/50 custody.  She does not speak to me regarding co-parenting issues, in fact she does not speak to me period.  
After the divorce she filed a restraining order and moved far away.  She tried to take my child but I fought in court and won 50% custody.  My daughter is only 2 and will be going to kindergarden soon and  Iwant to win full custody.  She is not stable, neither financially nor emotionally.
My question is:  how can I put my self in the best possible senerio to win full custody when she starts school?
What was your experience with winning full custody?

mistoffolees

>Currently I am working on getting a permanent residence, one
>that I own.  my daughter will have her own bed room in a nice
>neighbor hood.  I am financially and emotionally stable.  her
>and I have a great bond as well and I am sure any court
>appointed mediator/psychologist will see that.  
>My problem lies with her.  She refuses to disclose her address
>to me even though she has been ordered to do so.  She keeps
>giving me fake addresses everytime I go to court.  She does
>not let me speak to my daughter on the phone.  I have 50/50
>custody.  She does not speak to me regarding co-parenting
>issues, in fact she does not speak to me period.  
>After the divorce she filed a restraining order and moved far
>away.  She tried to take my child but I fought in court and
>won 50% custody.  My daughter is only 2 and will be going to
>kindergarden soon and  Iwant to win full custody.  She is not
>stable, neither financially nor emotionally.
>My question is:  how can I put my self in the best possible
>senerio to win full custody when she starts school?
>What was your experience with winning full custody?

Consult an attorney since this varies so much from district to district.

If she's not giving you the information the court ordered her to, filing for contempt might be part of the process as will charges of alienation if you can prove it.

HOWEVER, I'm guessing that when you say 50/50 custody that you're referring to legal custody while the mother retains primary physical custody. If that is the case, it's going to be hard to change it to you getting primary physical custody. Courts like the status quo if it's working for the child (the parent's needs are irrelevant). You would have to show that the child is in danger or is being grossly harmed and that a change in custody would remedy that.

If, however, I'm reading it wrong and you currently have 50/50 physical custody, then you have a better chance.

One last comment - while you may have to bite your tongue, you will have a better chance if you do not say anything negative about the other parent except proven facts. "I have tried called my daughter 27 times in the past 3 months and have not been allowed to speak with her" is OK. "My ex wife is trying to keep me away from my daughter" is not. The difference is subtle, but important. When shared custody is not working out, the parent who actively encourages a relationship with the other parent has an edge. You want to be sure that you're actively encouraging the involvement of the other parent.

Good luck.

HelpingHands

You may also want to consider hiring a private investigator to prove or disprove her address. If she is required to notify the court of her CORRECT address, send a letter certified with signature required, return receipt requested to her. Let the court know you do not have an address for her and provide them with copies of the returned mail.

Consult an attorney and let them guide you through the child custody process. Unfortunately, alot of shi% has to go on to change the custody from one parent to another. Alot.