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what are the chances of getting my children back?

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M

mommyski

Guest
What is the name of your state? NC

Little background first: Ex and I have been divorced since 1992. We had 2 girls together who are now at the ages of 14 and 12. I left him because he was physically, mentally and emotionally abusive to me. He threatened to kill me if I took his children from him at the time of our divorce. He was good to them and I really never thought he would hurt them, plus the fact that I was scared he would kill me. So I left the girls with him. ( I know I'm going to hear some criticism on this). Our divorce papers say nothing about who has custody but says that the separation papers are incorporated into the divorce. I can't find the separation papers to get the exact wording but I believe it says joint custody with father having physical custody. I pay child support but have gotten a bit behind over the years because of pregancies, being laid off, etc. I haven't missed a payment in over a yr now. I live 2 hours from the girls but get them as often as possible, usually every other weekend.
Ex: He remarried a few days after our divorce and has been with the woman since then. She has been cheating on him for the past 2 months and wants a divorce now. He does not work, lives on disability and the child support I pay. He's health is real bad from years of drinking and he still continues to get drunk almost every day. Lately he has been very mean to the oldest girl. Screams at her for everything. Last week he hit her in the face and pushed her against the counter choking her.
Me: I am remarried (3yrs) to a man in the military, although we are having martial problems right now. I have two other children. I am currently a stay at home mom but am looking for work and will be going back to finish getting my associates degree next spring.
Situation: My daughters are currently wanted to come stay with me for a few months to see how they would like living with me. Partly because they just want to be with me and their other siblings, because of their dad's drinking, and because of his actions from last week (the abuse). They are worried about him drinking more since his wife has left him. I want it to be more than temporary.
Questions: First, with them saying they just want to try it (and I want to honor their wishes and not force them to stay, at least not yet) ... what kind of papers would I need to have drawn up, temp custody, guardianship, what? Or nothing since we have joint but the father having physical confuses me. I mean since it's only going to be for 2 months do I need to have anything special? Second .... If they decide they want to stay longer and if I continue to worry about the ex abusing my children (I just have her side, I want to speak with him about it also) what are my chances of getting full custody after him having them so long? Will his drinking, abusive behavior, lifestyle, marital status make a difference now? I know this is lengthy .....sorry.
 


F

frusteratedgf

Guest
mommyski said:
What is the name of your state? NC

Little background first: Ex and I have been divorced since 1992. We had 2 girls together who are now at the ages of 14 and 12. I left him because he was physically, mentally and emotionally abusive to me. He threatened to kill me if I took his children from him at the time of our divorce. He was good to them and I really never thought he would hurt them, plus the fact that I was scared he would kill me. So I left the girls with him. ( I know I'm going to hear some criticism on this). Our divorce papers say nothing about who has custody but says that the separation papers are incorporated into the divorce. I can't find the separation papers to get the exact wording but I believe it says joint custody with father having physical custody. I pay child support but have gotten a bit behind over the years because of pregancies, being laid off, etc. I haven't missed a payment in over a yr now. I live 2 hours from the girls but get them as often as possible, usually every other weekend.
Ex: He remarried a few days after our divorce and has been with the woman since then. She has been cheating on him for the past 2 months and wants a divorce now. He does not work, lives on disability and the child support I pay. He's health is real bad from years of drinking and he still continues to get drunk almost every day. Lately he has been very mean to the oldest girl. Screams at her for everything. Last week he hit her in the face and pushed her against the counter choking her.
Me: I am remarried (3yrs) to a man in the military, although we are having martial problems right now. I have two other children. I am currently a stay at home mom but am looking for work and will be going back to finish getting my associates degree next spring.
Situation: My daughters are currently wanted to come stay with me for a few months to see how they would like living with me. Partly because they just want to be with me and their other siblings, because of their dad's drinking, and because of his actions from last week (the abuse). They are worried about him drinking more since his wife has left him. I want it to be more than temporary.
Questions: First, with them saying they just want to try it (and I want to honor their wishes and not force them to stay, at least not yet) ... what kind of papers would I need to have drawn up, temp custody, guardianship, what? Or nothing since we have joint but the father having physical confuses me. I mean since it's only going to be for 2 months do I need to have anything special? Second .... If they decide they want to stay longer and if I continue to worry about the ex abusing my children (I just have her side, I want to speak with him about it also) what are my chances of getting full custody after him having them so long? Will his drinking, abusive behavior, lifestyle, marital status make a difference now? I know this is lengthy .....sorry.
Why dont you take him back to court for a change of custody hearing...In Illinois the courts listen to the children when they are 12...they dont have the final say but they are at least heard...Good Luck
 

stephenk

Senior Member
During all of this abuse on your daughters have you ever called the police to either make a report or arrest him? You need a paper trail to make your arguments more persuasive.
 
N

njmom

Guest
just my opinion.....

Your daughters are certainly old enough to voice there opinion, however, just as frustrated mentioned, the judge will not base his/her final decision on that alone but the judge will weigh that in the final decision. I wouldn't worry so much about the temporary/permanent thing just yet, just conentrate on getting them back. Here in New Jersey, everything is TEMPORARY, nothing is PERMANENT, not sure about other states. I would strongly suggest starting a journal and document everything, if you haven't already. If I were you, I would take my a@@ down to the court house in the State that has jurisdiction, and file for a modification of custody. Judges will not up-root children out of a stable home unless there is a substancial change in circumstance, which certainly sounds like you have a case. He does not sound stable, and there has definately been a change in circumstance. If and when you get custody back, he would then have to prove you to be unfit and have a change in circumstance to re-gain custody of the girls, and I am sure you will not allow that to happen. Good Luck, and let us know how things are going.
P.S. Good Luck with your degree, I just started back a year ago and I am very close to getting my degree at the age of 31, so go for it!!
 
K

KCMR

Guest
You need to file for an Emergency Petition for Custody.
The environment is unstable, and your daughters I'm sure will testify to that. Don't let this take you any longer. Do it, and do it now.
Don't make excuses that he beat you and that is why you left your children there because you were scared...courts don't want to give children to scared victims. Be stronger than ever.

I wish you all the luck in the world. It is time for you to stand up for your children...take control.

Good Luck, I'll be praying for you.
 

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