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For anyone who has experience in the fight for child custody. Advice is needed

bravenewsm's picture

anyone with any advice or experience in this please comment, my SO has two children, a 1 year old and 3 year old, the BM has had them in AZ over the summer and it was suppose to be for a vacation and for the BM to sort through and save money (they are going through a divorce). So now at the end of summer the BM tells my SO that she has gotten a job and she plans on living there for good! My SO immediately gets a lawyer has them brought back to CA and now she has a lawyer and has filed an ex-parte and the hearing is on Monday, she wants to bring them back to AZ for good. My question is, what is the likelyhood a judge will allow two toddlers to live in another state away from their father?? AFTER my SO gave her EVERYTHING, offered her to live in the house and said he would pay her first 3 months so she could find another job. (Her only argument is that she cant afford to live in CA and she has family out in AZ). She was staying with her sister out there with the kids. I cant imagine a court system taking away custody when he is willing to work with her and help her on anything out here in CA. Anyone have any experience???? thanks!

instantfamily's picture

Your biggest problem: California. If the proceedings take place in California, they absolutely screw the father. I don't know how AX is. Our BM (in CA) was an admitted meth user who was caught lying about her dates of use in court; she left the kids in a car parked outside a bar while she went drinking, she neglected the children completely while my husband was in a coma (after a horrible car accident) which led to the hospitalization and removal of a boil on the 18 month old at the time because she left her in her own filth and wouldn't change her and left the 5 year old home alone when she took the 18 month old to get high. The court still leaned toward giving her custody because my (now) husband was recovering learning to walk again and in a wheel chair. Cali REALLY favors the birth mom. My husband also had a CRAP attorney. Best advice I could give is have your SO cut her off financially completely, find a PITBULL of an attorney, I mean someone who is chomping at the bit to win, and file first and fast. Dig up as much dirt on her as you can, talk to child care providers, friends who've watched the kids thrive with him, etc. and have them draft letters to the court. For us in the end it turned out the bitch BM's lawyer let it slip that "she never wanted custody, she just wanted to make you suffer". She even cut out her own monthly visitation between when a court date was set to sign papers and the time two months or so later my husband was summoned down to Cali to sign, she'd had her atty. take that out. My husband was just so relieved to sign because we were getting married mere months later (she dragged it out 3 years) that he didn't even notice she'd done that. Good Attorney, best advice ever!

sixteensmom's picture

They're still married. It's kidnapping. File a police report and he gets them full time and she goes to jail.