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Going for Custody

Started by waspnut1913, Sep 08, 2012, 08:39:43 PM

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waspnut1913

Need a some feedback from this great forum here is what's going on.

*Mother of my daughter has been diagonsed with Benign Brain tumors her condition has worsened during the past 2 years she has constantly fallen on a daily basis my daughter is unable to lift her since she is dead weight. My ex's home is filthy, and her own personal self hyqiene has gone down hill.

*I have a 13 year old daughter who is on a IEP at her school. Her IEP (request for special services)  is for handling her emotional behaviors in school and she has reading comprehension issues which places her reading level 2 grades below her peers. My daughter has been been bullied in school on numerous occasions. Even through all of this she has maintained fantastic grades and a positive attitude. I'm pretty actively involved with my daughters academic actvities

* I have tried to approach her Mom regarding some of my daughter's difficulties in school but her Mom refuses to speak openly on any of these issues even with the documentation I have received from her school. Now there is the issue with her Mom's deteriorating health and her denial of my daughters special needs. My daughter has stopped communicating with her Mom on  any issues that are tied to any type of any assistance I have tried to obtain for my daughter. She is tired of all the negativity and wants to be in more of a supportive enviornment with my girlfriend and I not to mention she wants to attend a high school in my area to make a fresh start from all the bullies in her school  My daughter's communication with her Mom has gotten so bad I've sent her to a Counselor to discuss this issue.
There is no yelling and screaming between the two it's just that she will only speak to he Mom about general things its almost like she has a different life all together outside her Mom's home

My ex does love our daughter but her attitude is that she has a disability and she needs our daughter to help her but she may need to be placed into an assisted living situation. I think my daughter deserves to have a shot at attending college but shouldn't have to be forced into being a caretaker of her mom. Helping her yes being made responsible for taking care of her Mom .... No.... Thanks for the feedback.

PS... How do you donate to this forum?







ocean

You would have to file for custody and the reason is mom's health and child's educational needs. Continue counseling. Going to take months to get through court but if it is that bad, a lawyer might be a good idea for maybe getting an emergency temp order of custody if mom is really that bad medically. This way child can switch schools now to you at beginning of year and you can go to trial while she is going to school by you. You can pay a lawyer for a consult (sometimes even free) and see if you have enough for the emergency temp order. If not, then you would file custody papers, and wait for court date.

Get proof of her medical condition if possible and child's IEP and reading level. Anything that will show that mom is not well enough to take care of her at this point. Also in the petition state that you support a relationship with mom as much as possible. If you tell mom that you want to help her and take child for school days and you will not ask for child support, would she go for it? At 13, your child may have to talk to the judge or a law guardian.