HELP WITH LEGAL CUSTODY ISSUE

[dsmith]

So my SD asked BM today on the phone, (this is the first time she has talked to her in over a year) if she would be willing to sign a passport application so SD could go to Mexico with my family, DH (her father whom has sole physical custody of her and joint legal, only because he agreed to it in mediation because he never imagined having this problem)  and I. BM said no, that we were planning on taking her there and not bringing her back, or leaving her there. We would never do either, my family is all from the US, we have no ties in Mexico, we just want to vacation there. BM has no tangible evidence and could never convince a judge that we were flight risk. DH said, fine F her we are going back to court asking for sole legal custody so we don't need her signature. He does not think it will be a problem since BM has not seen SD in 16 months and has not contacted her in any way in over a year.

So....we need to write a statement as for why we are requesting sole legal custody. Anyone who might be able to help us write a statement, please post ideas you might have. FYI we are going to do this with out an attorney. BM will not have an attorney and is REALLY ignorant, she is a druggie type, no job, never paid support ect. I was so pissed she said no, I told DH we should go to court and have her parental rights terminate. (I did not mean it, I just said it out of anger) But It really would not matter because BM NEVER contacts us or has any consern for SD.

[Lawmoe]

First of all, you don't write a "statement".  You write an affidavit to support your Motion.   All an affidavit is - is an signed and notarized document.    It seems to me that you outline your reasons in your post.  Specifically, you point out that the ex spouse causes conflict on teh legal custody isses even where there should be no conflcit or dispute. It is based on vindictive control issues and has nothing to do with what is best for the child.

With that said, there is a very strong presumption that legal custody should be shared. That does not mean the court cannot give one parent power over one legal custody issue, such as travel. I  belive the court is unlikely to grant sole legal custody butlikely to require the other parent to sign any necessary documents for the travel and to award legal fees.