Non-Custodial Father seeks Joint Custody

[krazyfamily_6]

I think the OP is just not understanding the difference between legal and physical custody.


Before my DH got custody of his son, he shared joint legal with the BM.  It pretty much meant squat.  He would have to take her back to court to enforce anything major and by then, the deed would already be done.  I feel that joint legal is just a term to make the NCP feel more involved.  But that is JMO.

[lilywhite]

There is no automatic do-over to custody just because you don't like that result.  In the time between the final divorce decree awarding parental rights and responsibilities and now there has to have been a significant change in circumstances that affect the child for a new custody decision to be made.

So the question of why your husband doesn't deserve joint custody and physical custody is really moot.  

Her forging a receipt and emails don't mean squat.  Think of each thing that you complain about in this way.  Does it matter to the well-being of the child         that her mother forged a receipt to you? Does it matter to the well-being of the child that your husband (or you) has decided that now he wants custody where he apparently didn't before?  NOPE.  You say that at the time of the divorce he was out of state.  He had to have been notified and it had to have been proved that he was notified for the divorce to take place.  Is he now claiming that he wasn't notified of the divorce?  If so, then he had some period of time after he found out to fight the judge's order.  If not, then the court will think that he believed that his ex-wife was the one who should have custody.  And, in fact, if he was living out of state from his daughter at the time of the divorce, he apparently did think that his wife was capable of caring for their daughter adequately.  So what has happened in the mean time to change his mind?

[sdstepmom]

Your case sounds vey close to my husbands.  They were never married though so she has the mind preset of "my kid syndrome".  She always told my husband that he had no rights as a father and would always change her mind when they would verbally agree on matters.  She got married last year and now things have been very difficult for us.  We got married last year as well - and shortly after that we recieved papers that she had changed my husbands child's last name to her new husbands.  Well, that was the straw that broke the camel's back for us.  We took her to court and gained joint legal custody and made her stick to the visitation guidelines.  We didn't get the name changed though which was very disappointing for us.  It sounds to me like you have very just cause - especially with the whole school situation and all of the proof you have.  I wouldn't hesitate - it will only get worse and she will keep pushing and pushing to see how far she can take ya!

[concerned_stepmom]

The ex is being so controlling. We have had regular visitation for over 3 years and NOW she thinks that the daughter needs only a 2 hour supervised visit every other week? She thinks she can get that because of their relationship that was over 3 years ago because they had physical arguements (nothing to do with the daughter!). My husband loves his daughter so much.  She kept us from seeing his daughter on fathers day. When she said we could not come get her, this broke my husbands heart. Now the daugther that is ONLY 4 years old thinks her daddy doesn't love her and is a monster. The ex is MENTALLY abusing the daughter.  She told us that we will not get to see her again until we go back to court which is the end of next month. We have not seen her now since June 2!! She knows she was wrong for keeping her from us this last weekend and now wants to bargain... she will let us take her on vacation that we have had planned for the last 5 months (that she ok'd and we bought a plane ticket for the daughter) if we don't throw her in jail for contempt!!