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Can BM do this?

GreenLight26's picture
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Long time lurker, first time poster. I've kept this short and sweet, I can add to it if you need more details.
DH and BM have joint custody of SS. SS lives in FL with BM and visits us on school breaks in SC. SC is the venue. BM has not been able to handle SS during his teenage years, he's 14. BM has sent SS to live in her father's home without the consent of DH. Can she legally do this?

I feel SS should be with us if BM is unable to properly parent him. We are more than capable in every way. DH is contacting his lawyer in the morning, but I wanted to get a little perspective on this from you guys.

Thanks!

GreenLight26's picture

It isn't exactly 50/50 custody because we live in separate states. Joint with BM being the primary residence. BM doesn't exactly follow court orders. She moved out of SC 7 years ago with the court's permission, she does what she wants. This, however, isn't going to fly because we are more than capable of taking care of SS.

GreenLight26's picture

Thank you so much for your answer, it's pretty much what I thought too. DH is going to call his lawyer in the morning. I am hoping she doesn't drag this out and is reasonable, but I doubt that's going to be the case.

SanAntonioSoccerMom's picture

ROFR is not relevant in this case at all. Not to mention that it usually applies to periods of time of 4 hours or longer. Not permanent living arrangements...and I bet she/BM is still collecting child support too for a child that does not live with her?

bearcub25's picture

I do agree with others about thinking this thru. My DSO just jumped up and said 'I'll take my 3 kids'.
Didn't think about who was going to watch them while we worked, OSS had already dropped out of school so what he was going to do with him.

OSS 17 then started following me and basically sexually harassing me. YSS has ADHD, ODD and whatever else and he would kicked out of school every week. SD wasn't too bad until she heard the word No, then she cussed me out one day, called me and fucking bitch and I wasn't her Mom.

It was a complete mess. Only SD lives with us and that may not last much longer.

unwillingparticipant's picture

In CT, the person having visitation can do whatever they want with the child.
BM IMMEDIATELY sent ss12 to stay w/her parents the minute we dropped him off every time.
We took video, talked to the GAL, pleaded w/the judge - and obviously lost. You cannot tell a birth parent what they can and cant do w/their own kid unfortunately.