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What are the chances?

RainbowsAndDaisies's picture
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Bm makes noises every time she calls about changing the co, getting half custody or sole custody. As it stands, dh has had sole physical custody of ss8 for 6 years. Bm is uninvolved and does not pay child support (there is no order in place). She has visitation at dh's discretion - she calls 2-10 times a year to see ss, hasn't had an overnight in 3 years. She's moved 15 times and lived in 5 different cities in five years. She lost parental rights to her other child two years ago. Does she really have a shot in hell of taking us to court and walking away with joint or sole custody?

Calypso1977's picture

no but the problem is if she files, you have to retain counsel and incur expense to shut down her BS claims/motions.

step off already's picture

BM was absent from SS's life for about 7 years. She asked for overnights EO saturday. They went to mediation and the mediator suggested building up to EOWE and suggested joint legal custody.

DH agreed (because he's an idiot) and that was that.

I think the courts want BOTH parents involved.

RainbowsAndDaisies's picture

The original co was done in mediation - bm set it up so that she has no specified visitation. I don't know if it makes a difference that it wasn't court ordered by a judge. We don't have a problem with her seeing him, but it's all on her; she calls and we set something up.

SanAntonioSoccerMom's picture

No. Sounds a lot like my husband's ex. The only time she wanted custody was when CSE caught up to her and wanted her to pay support. What a concept. Next time she threatens custody, tell her it is time she pays support and ask her what she thinks about that.

Stepmomwhopaysallthebills's picture

Oh, boy. You don't have an order already in place? If you were in my state (Florida), she would easily get shared custody, regardless of what has happened with her other children with other fathers. Your husband likely would be designated as the primary residential parent, but she definitely would get shared custody.