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change in custody order after 10 years

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S

sadmamba

Guest
What is the name of your state? OHIO
PLEASE ADVISE!!!! My 12 year old recently returned home from summer visit with father who has threatened to take me to court for full custody of her. He moved 12 hours away from her to Georgia when she was two years old. Since his visits have been pretty much limited to summer and Christmas. Summer includes first 7 weeks--for several years he only kept her 3-5 weeks and just recently kept her the full time. His visitation is clearly outlined in his papers to include third weekends of Jan, Feb, May, Sept, and Oct.,none of which has he ever exercised in 10 years, he as well has spring breaks from school, of which he has only taken her for half of the break last year, and finally Labor Day weekends, which in 10 years he has never showed up for. He clearly has a telephone schedule outlined in his papers that has never been utilized in 10 years. At one point he called her so little that I actually had to call him and ask him to call her more--however he has begun to call more often in the past year, however their communication has been at my expense a great deal of the time b/c she would miss his calls and of course, want to call him back. Papers say calls are at his expense. Child states she wants to see her dad more often, but as stated he doesn't even remotely try to utilize time already granted. I realize there is distance but in 10 years he has had 80 extra opportunities for visitiation and has shown up for only 3 or 4 of those; his job offers him vacation and holidays. Recently he got a girl pregnant and married her and I believe now he feels guilty. She plainly tells me she has no rules in his house and gets to do whatever she wants. He also told me himself that the public schools where he lived were awful and the only decent schools were private.

Would a judge really grant a full custody change to move a child 12 hours away from her mother who has raised her when her father hasn't even tried to utilize his visitation and telephone schedule in place the past ten years? Sorry to get so lengthy but I am SO upset, I just needed to get some insight. Again, ALL input appreciated!
 


R

Roscleo

Guest
Even though your daughter is 12 and may have some input as to where she lives the mediator or judge will see that the only reason she seems to want to live with her dad is no rules. I highly doubt he will get full custody but he may get more visitation time that is kind off and unknown factor and can't really be predicted. make sure you are documenting all of the phone calls and missed visitation and who calls who. This will help you quite a bit. From what you have said it doesn't seem like he has much of a chance but then to there are some really screwy judges out there.

Good luck
 

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