Kids in bad situation

[Felicia71291]

What is the name of your state? West Virginia

Hi. How are yall? My husband and I are in Louisiana. His kids are in West Virginia with their mother. His kids are 7 and 3. We are fixing to go into a custody battle. I will tell yall both ends of the spectrum so you will know. Our life- married, both have jobs, vehicle, good environment, college background. Her life- 23, 3 kids, live in boyfriend, boyfriend has drug charges but not convicted, no vehicle, never had steady job, works at McDonalds, college certificates. The teacheer of the 7 yr old has said to us she will go to court bc they are not getting the academic attention at home. The mother is always forgetting the books and does not help child complete homework. the 7 yr old has already mentioned wanting to live with us. The daughter(3) has only been around the father maybe a total of a week in her life bc mother keeps the kids from us. The mother has been in contempt of court 3 times in past 3 months. She refuses to send us report cards and lets us contact children. They are claiming the child is ADHD but teacher thinks its home environment. Do you think we have a case? What are our strongest links? Do you think we can fight this without an attorney when the mother has attorney but he sucks bad? What shall we do now? The child is being retained in first grade. Please help us

 

[Rushia]

So what was the outcome from last summer when ya'll were beating on each other? I don't think it will bode well if you were fighting with the mother in front of the children.

https://forum.freeadvice.com/showthread.php?t=244398

 

[eme76]

So what was the outcome from last summer when ya'll were beating on each other? I don't think it will bode well if you were fighting with the mother in front of the children.

https://forum.freeadvice.com/showthread.php?t=244398

why cant we keep these people from breeding?

 

[ceara19]

What is the name of your state? West Virginia

Hi. How are yall? My husband and I are in Louisiana. His kids are in West Virginia with their mother. His kids are 7 and 3. We are fixing to go into a custody battle. I will tell yall both ends of the spectrum so you will know. Our life- married, both have jobs, vehicle, good environment, college background. Her life- 23, 3 kids, live in boyfriend, boyfriend has drug charges but not convicted, no vehicle, never had steady job, works at McDonalds, college certificates. The teacheer of the 7 yr old has said to us she will go to court bc they are not getting the academic attention at home. The mother is always forgetting the books and does not help child complete homework. the 7 yr old has already mentioned wanting to live with us. The daughter(3) has only been around the father maybe a total of a week in her life bc mother keeps the kids from us. The mother has been in contempt of court 3 times in past 3 months. She refuses to send us report cards and lets us contact children. They are claiming the child is ADHD but teacher thinks its home environment. Do you think we have a case? What are our strongest links? Do you think we can fight this without an attorney when the mother has attorney but he sucks bad? What shall we do now? The child is being retained in first grade. Please help us

Obviously, your "college background" didn't include any type of Writing or English Language courses.

 

[sadmominny]

Husband needs an attorney

"We are fixing to go into a custody battle" nope, wrong, the only one who can go for custody is dad, you as the stepparent are not a party to this. "The 7 yr old wishes to live with us" A judge will not consider the wishes of a 7 yr old, they are too young. Your husband really should have an attorney

 

[Ohiogal]

What is the name of your state? West Virginia

Hi. How are yall? My husband and I are in Louisiana. His kids are in West Virginia with their mother. His kids are 7 and 3. We are fixing to go into a custody battle. I will tell yall both ends of the spectrum so you will know. Our life- married, both have jobs, vehicle, good environment, college background.

Irrelevant!

Her life- 23, 3 kids, live in boyfriend, boyfriend has drug charges but not convicted, no vehicle, never had steady job, works at McDonalds, college certificates.

Irrelevant!The boyfriend's drug charges don't matter because in this country you are innocent until proven guilty. His conviction MIGHT matter if he uses drugs with the kids or in the presence of the kids endangering them.

The teacheer of the 7 yr old has said to us she will go to court bc they are not getting the academic attention at home. The mother is always forgetting the books and does not help child complete homework.

A seven year old is old enough to remember his books. And it is not the law that parents MUST help children with homework.

the 7 yr old has already mentioned wanting to live with us.

Doesnt matter. A 7 year old will NOT have much sway over the court or judge if the child is even allowed in the courtroom. Most attorneys will NOT allow a child this young to testify and the child's wishes are not the prevailing factor. In most states they don't count at all.

The daughter(3) has only been around the father maybe a total of a week in her life bc mother keeps the kids from us.

What does the court order say? If mom doesn't follow the court order, she is in contempt and dad can take her to court.

The mother has been in contempt of court 3 times in past 3 months.

Have you taken her to court?You saying she is in contempt is a lot different than a court finding her in contempt.

She refuses to send us report cards and lets us contact children.

So have dad contact the school and ask them to send dad a copy of the report cards. How is dad trying to contact the children?


They are claiming the child is ADHD but teacher thinks its home environment.

Teacher thinking it doesn't make it so. Is teacher qualified to determine ADHD? Probably not. So if she is not a clinician trained in diagnosing ADHD and determining causes, her word means squat.


Do you think we have a case? What are our strongest links? Do you think we can fight this without an attorney when the mother has attorney but he sucks bad? What shall we do now? The child is being retained in first grade. Please help us

Nope nope nope. You don't have a case. You are NO ONE in this situation. And all dad has is a lot of emotional BS which will not matter much because in order to get custody away from mom, he has to prove her unfit which you cannot do based on this. You definitely can't fight it with or without an attorney because you dont' have any standing. Children can be retained a grade for many reasons. If mom has full legal custody she could make the decision to retain the child. Unless the court order states otherwise mom can make the decisions regarding the children's schooling. Dad may want to retain an attorney for the so-called contempt however just because he thinks it is contempt may not make it so.

 

[Rushia]

why cant we keep these people from breeding?

I was curious so I pulled up her other thread. She is another over involved stepmother. She should have never made the comments she did in front of the children and the mother. If the parents wanted to verbally argue, she should have kept her mouth shut. If mom didn't let dad take the child then they should have gotten their report and left it alone, filed contempt. Both parents and SO's have no business doing what they did in front of the children.