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Need Help Court on Friday!

LuckieGirl35's picture

We are currently going through, yet another, custody battle. This time for full custody. Mother and FSS moved to Texas about a year ago and we live in California. (She is married and her husband got stationed there. We tried to fight this and lost. We we in the process of buying a home but we're not married or engaged and told not to take her back to court until we were "more stable, per our attorney.)

For the last 8 months, the mom has stop sending FSS on the scheduled court ordered visits and will not let us talk to SS regularly. (I am not allowed at all or the phone automatically hangs up). We purchased flight tickets every month and she would not send him. She would tell us "Ok, I will send him. Go ahead and book the ticket." and call two hours before his flight, never mind he is not coming, we have plans." or some other excuse, "he has a friends birthday party", 'He needs to do his project" etc.

Background information: FSS and I get along so well. He is always asking "How much longer till the wedding, I want you to marry my daddy" I work from home so when he lived close and we have 50-50....we were so close. He tried calling me Auntie (Poor confused little man. FDH explained to him I wasn't his Auntie but more like a really good friend) He settled for calling me his best friend.

We are talking Birth Mom to court not only for not allowing us to see SS, age 7, but his grades are horrible (Mostly C's and D's, but when he lived in California, he had all A's), he has missed 20 days of school and left early 37, SS asked my FDH "Why does mommy tell me you don't love my anymore and thats why you never call me" and the list goes on, and on... We sent him a birthday present, easter basket, and a Halloween basket....all which were sent back with "return to sender" on them. (Funny, our child support checks get there just fine.) She has told FDH before that if we get married she will promise him he will never see his SS again. So he needed to chose..... I forgot who died and made her queen of the world.

We took her to court in February and she didn't show for our scheduled court appearance with the Judge. Judge sent the custody battle into immediate investigation. Investigation was in April. We just got our paper work back and the birth mom would not return the courts phone calls or emails. And they still haven't spoken to her. It did say, she has a suspended license for the last year....And she's been driving around our DSS

She called us last week saying she was moving back to California and we could go back to the "old" court order, every other week, but DFH had to call and close the case....NO CHANCE!! She is also moving back before the school year ends...DSS is STRUGGLING in the second grade. I do not think removing him early from school is in his best interest.

Her husband has been released from the military, she has no job. Her sister lives in an apartment with her son and husband. She told us thats where they will live while staying in California. (6 people in an apartment??) and no license, no job? So sad.....

We own a home, both had steady jobs....I work from home so I will be able to pick DSS up and drop him off, help with homework, etc. But we aren't married yet. We are getting married in the beginning of next year... (Yay!!) So we are more than capable of raising DSS.

We go to court on Friday and our lawyer said to "be prepared" and I just want to make sure we have our T's crossed and our I's dotted. Our lawyer wants us to bring exactly how we will care of DSS. Who will pick him up from school, drop him off, help with homework, etc. He said to have an answer for every possible situation. We have pulled information on the school he would attend, CST scores, API scores, teacher ratings, distance from home, 2012-2013 school schedule. etc. Can anyone think of things I NEED to have?

We meet with our lawyer tomorrow to go over last minute details and make sure we thought of everything. Just could use a little insight from anyone who has been through this before.

Comments

not2sureimsaneanymore's picture

One thing--unless absolutely necessary, make sure your BF is the one who does most of the responsibilities. The courts do not like to hear the steps doing it.

Also, I'm sorry but unless she is abusing him, the best you'll get may be 50/50. Denying visitation is not enough grounds to have full custody.

But the parent who is most willing to nurture the relationship with the other parent and the child usually has a better outcome, in this situation it's you.

Document everything, know the dates she denied you, and show them you paid for it.

Don't attack the other parent. Just present the facts and let them speak for itself.

overworkedmom's picture

I will tell you this: My lawyer told us to get married. Just go to court and get married if any custody dispute arises. If you are going to do it anyway, I would say do it. It will look better when you do go. Have your wedding the beginning of next year still- keep it hush hush if need be.

Kilgore SMom's picture

Being married will help. Being perpared is the number one thing. Be sure not to act like your angry at BM judges don't like that. It has to be all about ss well being, education, ect. Good Luck!

SanAntonioSoccerMom's picture

I know two women that have lost custody due to visitation denial and constant contempt. And one was a long distance custody dispute in which she lost..big time. Keep documenting and keep filing.