from BM ---"that will never happen" --Really????
First, I just wanted to thank all of you for writing. I've been lurking for a while, reading what many of you have written. I decided to make my first post, b/c I saw "that will never happen" in several other posts, and it really made me sit up and pay attention.
My fiance has a 14 yr old who currently lives with her mother (and I'm going to try REALLY hard not to make this a bitchfest about her). In the last 7 months, his daughter (SD for the sake of the story) has voiced more and more of an opinion that she would like to come and live with us. BF and BM were never married, and split over 12 yrs ago. Since then, BM has been married 2x. In this most recent marriage (3 yrs) she had one child, and is now pregnant with another. She some sort of nursing credentials, but chooses not to work, although up until she got pregnant she was bagging groceries for 10 hours a week to have some sort of health insurance. They live in a small, 2 bedroom house where SD has a mattress on the floor for a bed (we just found this out last weekend) and her husband just started his own business, and they have little/no income, except of course BFs monthly child support, which is basically supporting this family.
About 4 months ago, after dropping off SD from her weekend visit, BF gets a phone call from BM stating that she can't deal with SD anymore, especially now that BM is pregnant, and says, starting this summer, SD has to come and live with us.
Since I met BF, his dream has always been to have his daughter live with him, but he was cautious at this point, trying to be sure this was not resulting from a fight or an argument, or was in fact what both of them wanted. BM insisted it was, and so he said he was open to it, but that she would need to call the caseworker and see what needed to be done to officially change custody and recind the child support.
I guess maybe she didn't think about that last piece, b/c a few weeks went by, and when he addressed it to her again, she said she changed her mind and it wasn't going to happen.
Since that time, BF has discussed this topic many many times with SD to be sure this IS really what she wants. She has said over and over that it is, and has told her grandfather (mother's father) she intends on moving in with her dad. The last time this all hit the fan, less than a month ago, and after repeated reassurances from SD, BF told BM he wanted custody, and she said "That will never happen."
I've been doing research about this, (that's how I am, I like to know as much as I can before going forward) and it looks like the next steps, since she's not going to let SD come and live with us willingly, is to file for a temporary removal of custody, and at the same time, file for a removal of guardianship, pay those two fees plus the sheriff's fee, and then she gets served with papers. Apparently she then gets appointed a lawyer (for free) and SD gets appointed a lawyer (for free) but we're on our own.
I guess my question is, what are our chances? At 14, does what SD want count enough? Financially we are in a much better situation to take care of her than her mother is; we both come from an educated background and we are in a better position to support her as she enters high school and college. BM is more interested in starting a new family and basically treats SD as a maid/live in free baby sitter, Can she use pregnancy as an excuse to not show up in court and drag this out indefinitely?
I worry so much about this, and unlike so many here, I LOVE my SD, she's an amazing kid, who clearly responds to the attention and interest her father and I take in her and her life. For the past two years, we've been the ones going to her sports events, her 8th grade graduation, reading her papers for school, driving her to dances, taking her to interesting places and basically making sure that SHE comes first, no matter what. As she enters high school, I KNOW how critical of a time this is for her, how she NEEDS to do well to be able to succeed in college, and in life. I also appreciate how difficult it is, and how dangerous it can be for a young girl to not have caring and supportive and ATTENTIVE parents. Her father and I are more than willing and able to give her this, and it's what SD wants, but the question is, will the court see it that way?
Thank you for reading and for any responses, they're greatly appreciated.
I wish I had an answer
Sorry, I wish this was a reply with an answer for you but we are in a very similar situation. The younger of my two step-sons (12 and 15) wants to come and live with us and we're asking ourselves the same question - are we going to spend a bunch of money on court and attorney costs and then end up in the same place but with an even more pissed off BM?
I'm afraid I have nothing more to offer you than empathy and the knowledge that someone else is also anxiously awaiting replies to your post!
I'm sorry to hear you're
I'm sorry to hear you're going through a similiar situation. It breaks my heart every Sunday when we drive to drop her off, and she withdraws, gets sad, and generally loses her happy, fun demeanor. She's clearly unhappy there, I want to do more.
And BF has exactly your fear, maybe I'm naive, but it seems like the fact that we're good people, who genuinely care about her, have solid incomes to support her, and most of all, she WANTS to be with us should be enough. He's reluctant to hit the hornet's nest I guess...
i would think
that u could file a motion to modify the custody agreement, based on what SDs living situation is now like. if u do that, it will go to court if BM does not agree and then most likely they will appoint a GAL for ur SD. that GAL will talk to both parents and SD and they will take into account heavily what SDs wishes are bc of her age. generally i think they dont like to change from one household to another but if thats what the kid wants and those wishes are justified based on how things are over there, i think youve got a very good chance. good luck.
"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin
Thank you for responding
Thank you for responding Bellacita, part of the difficulty is that the custody agreement was settled when my fiance was all of 22 yrs old, and he has no documentation other than the monthly child support coming out of his check. He tried calling the case worker literally 8x and didn't receive a call back, not even once, so legally I don't even know how it stands officially, other than he gets weekly visitation...
I don't want it to come to throwing stones at the mother, I wish she'd just respect her daughters wishes and let her come and live with us. I don't want to drag her through the mud for her lack of support of this child. But she just won't part with that pay check, and thus "it'll never happen".
I hope you're right though, it will break my fiance's heart if he loses...
that may work in your favor though
if nothing else, he should get his visitation and custody ironed out and filed thru the courts so BM cant take that away from him. while youre doing that, hopefully u can petition for custody. does he have visitation and has he seen his daughter the whole time? thats a tricky situation, 2 people who didnt want to have a kid together and were very young (just my guess...this is what my FH and BM were like, except SHE wanted a baby and lied to do it). now ur DH is trying to do the rite thing...what does your lawyer say? i think that given what SDs home life is like and that she wants to live w DH, u would probably get at least 50/50 now. i hope so anyway...lord knows what these judges will do!
"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin
yes, his side of it was when
yes, his side of it was when they were 17 she didn't want to lose him, so stopped taking birth control and didn't tell him, and got pregnant. But that was so long ago, and before the custody/child support was established, she took SD away, wouldn't tell him where she lived, basically the only time he got to see his young daughter was when BM wanted money, and so called him up and said she needed money, did he want to see his kid. Since the agreement was established though, he sees her almost every single weekend, and once summer came, we tried to start taking her Friday afternoon-Sunday night, which was fine with BM, since she didn't have to deal with SD 3 days a week, and still got to keep all the $$. Once this whole issue of us taking custody came up though, she said SD couldn't come over on Fridays anymore, b/c she didn't want SD home alone with ME on Saturdays while BF worked! I know it's just a mean, vindictive thing, not at all about me but it still hurts, and more than anything, pisses me off to see BM win AGAIN against BF, and the message it sends to SD....
What you need to do
is get a lawyer ! If there's no OFFICAL custody, child support or visitation then certainly go to court. the court will listen to the wants of a 14 year old child, you can also call CPS to investigate the living situation of the child for her welfare as well. When trying to change custody, unless the other parent agrees, you have to PROVE that YOUR house is a BETTER place for the child, not just "as good as" the other home. In some cases this can be done, in some it's a pipe dream, and in some it's no question ! Most child support offices and court houses also offer free legal advise (mostly on a first come) basis once or twice a week for specified hours, if you don't have the money to pay for a lawyer. Also talk to people you know, go TO the caseworker, don't drop the ball, keep at it ! If the child WANTS to live with you (and you want this as well), and BM is just being a B then do all you can to make this happen for all of you.
~Light travels faster than sound, that's why some people appear bright until you hear them speak!~