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My wife has full custody, and my daughter has moved in.

Started by JayBear, Dec 02, 2009, 04:19:54 PM

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JayBear

I don't know what the stpes are to get custody of my daughter. My wife currently has full custody. The day before Thanksgiving, I got a call from my daughter saying her mom kicked out. Then I got a call from the wife saying she did not want the daughter there. My daughter is 17. She has been living with me since. Her mom and her have talked, but not reconciled. My daughter is an advanced student, that has many accomplishments. She said she is not going back, she wants me to get custody. I have no idea how to do this. I can't afford an attorney. I live in Arkansas. My daughters reasons for leaving is that her mother is sufficating every effort she makes to do anything. I know that if I try to file an agreement, the wife won't sign. She is going to realizes that me having custody lowers her child support. So if she thinks I'm going to do that, it will be a fight. I am open to advise.

gemini3


ocean

You can do it yourself...
Go to you family court house and ask how to get emergency temporary custody of daughter since daughter is now living with you and mother kicked her out. Bring her with you. You might see a judge that day and get a temporary order. At the same time, fill out the paperwork to MODIFY child support since daughter is now living with you. (That date will come in a few weeks after you fill it out that day....).

Are you in her school district? If not, really push for the emergency hearing so you can switch her schools and sign her up.

Davy

Just in my humble opinion (IMHO).  You might drop the word "emergency" since some jurisdictions may not consider the matter an emergency absent "at risk" or physical harm.  More than likely, no one will force a responsible 17 year old to comply with a custody order.

JayBear

She will not be 18 until October next year. She also has a whole nother year of school after this one. She does live in a different school discrict, 20 minutes away.

gemini3

I agree with the other posters.  Go down to the courthouse and file for a change.  Like they said, you don't need an attorney.  Especially since your daughter is 17.  She can speak for herself and tell the judge that her mom kicked her out.

tigger

You don't have to have custody on paper to get a reduction in CS.  My son rebelled and moved in with his dad when he was 16.  My ex filed for a reduction in CS and got it even though custody on paper was still with me.  In fact, in court documents custody was never changed . . . only CS was.
The wonderful thing about tiggers is I'm the only one!