Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Marriage & Divorce

I am taking my ex-wife back to court and seeking primary custody of duahgter (see details)?
Find answers to your legal question.





I am taking my ex-wife back to court and seeking primary custody of duahgter (see details)?

Our daughter is going to be starting kindergarden next August. We have exactly 50/50 custody. Her mother lives in another city (60 miles away) making 50/50 impossible during school time. Her mother is the one that choose to move so far away in an effort to up root the child and take her away from me. Her efforts have failed and we are sharing custody. We live in California.
What are you thoughts?


    




Stephen G
Rating
Your a good man for hanging in there. Alot of men would have thrown there hands up in frustration and said good bye.

Good Luck ...........................................


Odie
Rating
Do what is best for your daughter


Lalaalalalaa
Rating
What a selfish person. Clearly she is just doing this for herself and not what is best for your daughter.

But 50/50 is good, a child should always see both parents.


Mr. Taco
Rating
You're treading a slippery slope. You take her to court, and you could just as easily end up the one losing primary custody. She has an advantage over you by being the mother. Tread carefully! I see what the problem is, but that potential problem existed BEFORE your last court date. It likely won't change much. All that said, I recommend having this discussion with your attorney. Any advice aside of that from Y!A is a waste of your time. Good luck!


**JUIICY GIIRL**
well what reason do you have that she should be in your custody.. if she is being a good mother.. you probably wont get primary(im the child of divorcees who went thru this)


JM
i think instead of trying to hurt each other, both of you need to fixate on your child!

trying to take custody away is just a way of you trying to hurt her but in the end, your daughter will be hurt. she's needs stability and 2 parents.

i say GROW UP!


Bill K
Rating
Man, I wish you the best of luck. It is great to see a father fighting for parental rights. Too many times the mother gets it by default, regardless of situation of suitability of the household. I wish I could offer you some actual advice, but I do not know what the best way to go about your fight would be. However, I do sincerely wish you the best of luck, and i have a great admiration for you...


**Love is... My Family**
Rating
Take it back to court and explain the situation. She moved now 50/50 is impossible. The judge might order less weekly time for you, but give you more vacations and stuff. Dont let her run you, if it was her choice to move, you can still fight for your time.


Babycat
Rating
I am a woman and I hate it when divorced women use the children as pawns or just make it hard for the dads to see their kids. It makes no sense to me to have a perfectly good father pushed out of a child's life for their strange reasons. I would definitely find a good lawyer to try to help you. I guess there is no talking to her?? My ex wanted nothing to do with his kids - it was sad for both of my children when they were young. The only thing I can say is to try to make her see that she is only hurting your child - but some things are easier said than done - good luck and don't ever stop being a good father.


jemmamomma
Rating
My thought is that I feel very sorry for that innocent little girl that has to be toted back and forth 120 miles round trip all the time. Even if you get full custody, she'll still make the trip some weekends etc back and forth. People need to think of the kids sometimes before making rash decisions about things so big.


chaoss13
Rating
Go for it! I appreciate when a father wants to be a major part in his children's lives. Fewer and further between they would want or dare to persue primary custody.
Best of luck!!
I know you probably already know this, but just make sure your daughter's interrests are kept at heart. Fight clean and don't put her in the middle of an ugly battle.


heatherain
Rating
I feel very sad for your daughter who is in the middle of this. She might start thinking it is her fault if you 2 aren't careful. You and your ex should seriously try and figure things out for the sake of your sweet little girl. Put her first.


Melissa2323
Rating
Good luck. I don't know anything about whether either of you are great parents so I can't say who would win, but if you're the one who should have custody, i wish you luck.


Carri C
Rating
Do this for the right reasons. Not to just spite your wife. If you feel that your school district is better then go for it, Also think of where the child wants to be. She is the most important one. Maybe if she stays you can work something out with her that you have your daughter all summer long.


dad
Rating
I would be happy as long as my daughter is happy . this is a fight between you and the ex so try not to use the kid as a pawn . people can live where ever they want as long as it didn't break any court orders . Being that its 50/50 she is going to have just as hard a time as you transporting 60 miles . Maybe she will come to her seances so hang in there the best you can and don't do anything ignorant like fight and argue that may be what they are trying to get you to do in order to get your daughter full time . Be wise and don't go down to there level


Lucy
I think you should move. Taking your daughter away from her mother would be as cruel as her mother taking her away from you. As parents we have to make sacrifices. Move.

*ADD* Fitch's answer was so sad. It must be hard for fathers having to deal with bitter ex-wives. This must be why there are so many fatherless children. Please don't let go.


klausier
Rating
i travel 60+ miles to work every day and if you have to drive that half of the time to see your daughter half time then thats what you have to do. in the meantime try to have a good working and respectful relationship with the mom and maybe if you are both reasonable you can come to some decisions that are the best for your daughter. courts systems are for parents that can't see past their own anger to make good decisions for their kids.....is this what you want?


.
Rating
If you can prove her unfit, and if you have a good income and a home for the child, you may have a chance of getting full custody. You can have the custody ruling changed so the child lives with you for six months and then goes back to the mother for six months. Consider the child's feelings and needs before you do this.


Southerngirl29
I really don't think that you will be able to get primary custody of your daughter just because your ex-wife moved. However, you may be able to go to court and request she move back to the town you live in. If she refuses, you may have a case. It could backfire, though, because as long as she is a good mother and provides for her child, the courts may grant her right to move and give her primary care of your daughter during the school year.


whoaa!
Rating
that is horrible.
*sigh* i went through the same type of thing-with a few modifications.
you can definitely attempt, if you have the money. but if you're not in a place to be spending a lot-its a big risk. the court system is rather corrupt now-a-days...and you're hard pressed to get a child out of an abusive household, let alone one like your situation.
but if you feel strongly-go for it.

its your family and you have that right.

best of luck.


ladybug
Are you doing this to spite her or because it's what's best for your daughter?

If you are doing it for spite, shame on you. You are a father who should put the needs of your child ahead of your own personal vendetas.

If you are doing it because it's best for your daughter I would question how taking your daughter away from her mother is in her best interest.


No offence
Rating
It's going to be hard on your daughter .you ex .lives 60 miles away that's not bad a lot of men like my son ex .live 300miles away he get them in the summer for a few week and Holiday if he can. you have it made as along as she don't move out of state but I'm sure the courts would put a stop to that It's so hard on kids don't fight about it in front of her . Call you daughter keep in touch the fun part of it is that you can send her a card just to say hi. with a one $ in it she will thing your the best dad. hope that helps


poodle mom
Rating
honestly, sounds like you have the best interest of the child at heart. you arent doing this so you dont have to pay support, or just to get back at the mom. good for you!
however, i have seen situations like this, (50-50 custody, kids in school, and parents live far apart) and the court didnt change the custody. it was up to each parent to get the child to and from school each day. the next week, the other parent did the driving. good luck!


E&L
Take a look at the custody decree given to you by the family court. I'm surprised that education of the child was not addressed in the final order. These will normally outline visitation, medical/dental expenses and education if both parents don't live in the same district.


Courtney
Tell your judge that your ex-wife is making it impossible, and she was the one that chose to move. You should have more custody over your daughter during the school year, she can stay with you, closer to what she's known her entire life so far. It helps start a good foundation instead of pulling her away right before school.


lilbits
Unless she has done something really bad, the court usually won't take the child away from the mother. Maybe you guys can work out some arrangement where you get her most weekends, and most vacations.


Corine
Rating
A friend of mine just went through this, the father (and stepmother) wanted primary custody because the mother is a complete flake. After months of arguing, which tore the child apart, a gardian at litum chose to keep the daughter with her mother and the judge agreed. Only because they felt that a daughter should be with her mother, though the fathers house was clearly a better alternative.


MelMar
Doesn't your divorce decry have a location clause? Most do. Some sort of stipulation that neither party can move more than 10/20/30 miles away. Check with your lawyer or re-read your divorce documents.


Anna22
Rating
good lawyer


Blakelys Mommy
Rating
What makes the mother such a bad mom that you should have full custody?? A child (especially a girl) needs their mother...(not saying they dont need both parents) but there are a lot of things that mothers know about womanhood etc that fathers usually dont!! Do you know for a fact that mother only moved to get the child away from you? Or were there also other reasons involved? A job or her other family? I think that if she really wanted to move the child away from her father she would have moved a lot further than 60 miles!!!


Lost Soul
Rating
It is imperative that you look at the best interest of the child. At this age it might (and note that I said might) be better for her to reside with her mother during school. Check out the year round options for school so that you can get longer visits through out the school year. It works great. If your daughter is not in a good environment then move forward to seek primary custody, but don't do it just because you are miffed, it will only create problems that will be hard to overcome. Talk to your daughter and keep open communication but do not take adult problems with her.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 My husband call me a stupid cow?
My husband and me had this horrible fight about our money issues (which is the only thing we ever fight about). It got so bad he call me a stupid cow, He got me all upset and slept at a friend's ...


 I'm a compulsive liar, how can I stop?
...


 Is it ok to marry a girl who is 20 years younger than you?
i am 40 years old and she is 20...


 Is a vow a vow or are there deal-breakers?
I had my husband arrested last night after he slapped my daughter so hard in the face he left welts. He's never slapped her or anyone else before, but once was enough for me. I'm done with ...


 I yelled at my husand for leaving the seat up !!!?
I asked my husband why do he keep leaving the seat up he then looks at me and ask me why do I keep leaving the seat down? I couldn't say anything I just laughed! do any other men feel the same ...


 My wife left 3 months ago no contact at all how long should a guy wait for some sign?
...


 Do you think anything's wrong with an 11 year age difference in a marriage?
Man - 39 Woman - 28.... what could be some pros and/or cons of this age difference if any at all?...


 How can i tel if my wife is cheating while im deployed to iraq?
...


 I am not very attractive, is that why my fiance looks at every woman that walks by ?
Is it because I don't fulfill him ?...


 How much should you take from a alcoholic husband?
I have been married a little over 2 yrs. My husband has a drinking problem, and sometimes a a weekend with drinking and cocaine. He only does the cocaine when he is with the wrong people, in the ...


 Should I mess with another man's wife ?
OK. I got a story to tell. Met this 29 year old woman, in a
newspaper ad, looking for a home based business opportunity.
We talked, and got to know one another. The conference calls
...


 What do you think of marriage?
I just wanted to know......


 Help how do i tell my husband?
ok i love my husband and want to be able to do anything for him. But im going to have to draw the line. In a few months his parents are moving to our state and wanting to stay with us a year. We dont ...


 Why does YA seam more fun after u had a few drinks? ?
...


 Why would a husband keep contesting a divorce? He already has a girlfriend.?
I left 6 months ago because he is an acoholic. I would have to go stay the night elsewhere on many occasions when he was drunk and mean, but not physically. His lawyer keeps saying I don't have ...


 Reasons to stay married?
...


 Would you be offended if your spouse asks for prenaptual contract?
prenaptual contract that stipulates both parties walk away with what they have brought in before marriage.
Additional Details
Considering the rate of divorce nowadays, better be prepared ...


 Should I leave my husband??
I have been married for 3 years and I have a 3 year old girl. All we do is fight all the time. He has hit me and has called me every name in the book. I have tried to work it out for my daughter, but ...


 Burning Question for the Ladies!!?
Ladies pls help, I like would to know what are some of your thoughts when you first meet or see a man that looks nice or that you might be interested in?....Example..I was in a major store today and I...


 My husband is obsessed with my weight, what should I do?
My husband has never been happy with my weight. Neither have I but I'm pregnant and I can't do much right now. Lately, all he's ever been talking about is me losing all the weight ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.084