How hard is court?
I really want to go to court due to the fact that in the last year BM has had two CPS reports out on her. One was her leaving SD (2 at the time) in her apartment alone this happened about a year ago. The second one was recently SD3 come home with a cigarette burn. The burn is pretty deep leading me to thinking bad things so we called CPS who told us to call the police. This incident is still being dealt with. Anyways, like I was saying I really want to go to court and money is not an issue, however, I was wondering how hard it is to get custody? We would only want BM to have every other weekend with some summer visitation. So we would want to have 80% custody for SD's safety. I was wondering how hard would this be to get, any advice? SD will enter school soon (this September) and we are sure that BM will not have her attend. Will it matter to the courts at all that BM does not take her to preschool since in my state it is not mandatory?
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Depending on the cigarette
Depending on the cigarette burn situation, you may not have to go to court to get custody. BM may not be allowed alone with the child for some time if she is found to have caused that kind of abuse and neglect. It's not hard to go to court. I don't know what state you are in, but you can usually go down to the courthouse and file the papers yourself. Where I live you, the court will refer you to a mediator first that makes you work an agreement out between the 2 of you and then the court orders it. If money isn't an issue, get a lawyer, you will have a much better chance of getting what you want.
In my experience court is
In my experience court is never easy especially in the case of the bio dad trying to get custody.In your case I think it may be easier since there is obvious abuse and neglect.My advise to you is document everything and get the police report and a report from the physician who treated her burn.This child is in danger and I think that you and your SO should move on this asap.If you need legal advice check out leagal aide society on google. I think that the fact that your not looking to take the child away completely from BM may also work in your favor.I would suggest however that you have the visits supervised because of the abuse.As for the pre school issue I would bring that up education is important even if your state doesnt mandate you to do so. I think that you and your SO have the child best interest at heart and that is what will make you shine in court.This is never easy but remember someone needs to stand up for this child.
I give my best to you and your family. I hope that you get this innocent little girl away from all this.
It is better to be the hammer than the anvil.
Emily Dickinson
Hard? Its not hard. But no matter what, it is frustrating.
If BM has primary custody then unless she is a crack head, child pornographer, murderer then you will be unlikely to get custody. It is not beyond the bounds of possibility but unlikely IMHO.
We have always gotten primarily what we wanted every time we have been to court on my SS's Custody/Visitation/Support case. Still we walk out of court feeling like we need a shower and pissed the Judge did not put BioDad in a stock and pillory in front of the court house and have people throw barnyard waste at him for a few days.
I hope your state will make the right decision for your SD.
Good luck and best regards,
Success is rarely final. Failure is rarely fatal. It is character, courage and consistency of effort that count. Vince Lombardi (with some minor Rags modifications)
Hire a lawyer!
Hire a lawyer!
Agreed.......hire a lawyer,
Agreed.......hire a lawyer, document, document, document and get your ducks in a row. If the burn was from BM, file for emergency custody.
I'm with Rags.....going to court is frustrating and can really test a marriage. It's hard on the kids because they don't always understand the whys of the situation. But there are times it's worth the struggle because you are protecting someone that is unable to protect themself right now.
Never eat more than you can lift.
Miss Piggy
We have a lawyer
Luckily we currently have a lawyer because BM earlier this year tried getting full cusdity. She was shot down by the judge because she could not give a reason more than because they don't get along. Anyways, I just wonder what are the chances of the custody being changed. I know BM doesn't put SD in the best situation and that we have her interests at heart. But I don't want to go to court a d spend all that time stressing just to end up with the same old 50/50. Currently we have 50/50 and have had since basically day one. I just want SD safe.
Not hard but very time consuming, but
for the sake of that little girl very worth it. But why would you want the BM to have any vistation at all?? i would want that lady anywhere near the kid. A cigarette burn? OMG!
"And this too shall pass..."