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Looking for your input on Custody

Started by stepmom who cares, Jan 06, 2004, 09:13:44 AM

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stepmom who cares

After reading a few posts - I am looking to you for your wisdom.

1.  We are going to file a motion to terminate CS - kids have lived with us 6 months.  Any words of wisdom.  We live in MN - but will file in IL where divorce took place. (Kane County)

2.  We want to ask BM for CS - do we stand a chance in he__?  Words of wisdom?

3.  She has sole custody - do we stand a chance of changing that?  Am I blind here - don't know the system - but it sounds like an awful process and $$$$.

4.  Kids have been completely intergrated into our home and lives. BM has them once a month for 1 day.  Calls seldom - I have documented everything.  Do I have blinders on.  
Thanks!

Brent

>After reading a few posts - I am looking to you for your
>wisdom.

Wisdom is in short supply, but we can give you lots of advice. ;)



>1.  We are going to file a motion to terminate CS - kids have
>lived with us 6 months.  Any words of wisdom.  We live in MN -
>but will file in IL where divorce took place. (Kane County)

Make sure you can document the time the children have been with you- every single moment. Also document how they're doing in school (hopefully better than they were with her). The same goes for their health, social abilities, emotional state, etc.


>2.  We want to ask BM for CS - do we stand a chance in he__?

Yes, you should ask for support unless there's a good reason not to. Sometimes people don't address support so as not to muddy the waters, and then go back to ask for it once custody has been settled. If she can reasonably be expected to pay support (i.e. she's employed), ask for it, otherwise I'd wait.



>3.  She has sole custody - do we stand a chance of changing
>that?  Am I blind here - don't know the system - but it sounds
>like an awful process and $$$$.

It can be expensive, but it can be done if there is good reason. You must normally have what's called a ''Substantial Change In Circumstances" before you can change custody. Read this:

Defining ''Substantial Change In Circumstances''
http://www.deltabravo.net/custody/circumstances.htm


>4.  Kids have been completely intergrated into our home and
>lives. BM has them once a month for 1 day.  Calls seldom - I
>have documented everything.  

It sounds like you have as good a chance as possible at this point. Keep documenting everything.