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Sole custody or joint legal HELP

The Triangle's picture

Submitted by The Triangle on Sat, 12/29/2012 - 1:08pm

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Family Court

So in brief BM has moved 3 hours away. She did this fer court in nov did not agree to give DH full custody because they believe it would be too traumatic to ss. So what does bm do? MOVES! She said she was moving in with her parents to continue her education ( beauty school) and would return in 3 months. Well, she is still gone. We got a lawyer and are fighting for custody again. Her parents basically are fighting us for custody because bm is only with ss 25-30% of the visit! (mind you this if for 1.5 days e.o.w) She is a waste. She can't pay cs b/c she doesn't work (which is funny because she is always gone according to ss b/c of work?!?!? We just got a settlement agreement from bm's father (a retired lawyer, how convenient b/c she can't afford one) to settle for sole physical and joint legal. She is nuts though. Does this mean that if we want to move or anything she has say???? Ugh, can I have my marriage FINALLY?!?!?

(We have to prove her unfit, which she is EMOTIONALLY but it seems as though that is not cared about Sad )

help?

honestly if it were not for her parents she would not even care about what was happening. I just don't want to have our hopes and dreams have to be ran by her!!!!!!!!!!!!!!

Orange County Ca's picture

Submitted by Orange County Ca on Sat, 12/29/2012 - 6:56pm

Grandparents are not likely to get custody away from a bio-father who fights the custody case but it'll probably mean a attorney and associated costs to do it right.

I doubt if Granddaddy is her attorney of record. I don't think the court would allow that unless they were ignorant of the fact.

The Triangle's picture

Submitted by The Triangle on Sun, 12/30/2012 - 3:36pm

Let me clarify, BM left ss with us. Her father is a retired lawyer trying to play lawyer. (wack) and as of now she officially does not have a lawyer. But the comment about needing permission about moving out of the country and needing permission was helpful. I believe that if we have full physical and move than she will just have to fight us for it. But she chose to leave. So I dont believe that the courts will be in her favor. We are in VA, and even though she is causing great emotional distress to ss and is emotionally unstable herself, this does not constitute as unfit. I really wish that there were further ways to address personality disorders and such. SS is going to have serious mommy issues if they think that she is capable of doing right.

The Triangle's picture

Submitted by The Triangle on Fri, 01/04/2013 - 12:18am

Thank You. We see our lawyer tomorrow to have her draw up the papers in our terms. Fingers crossed, I will keep ya'll posted!