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Custody and Drug Incident

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brokenhearted

Junior Member
MN.
My problem is very complicated. I live in Minnesota with my husband and daughter. My son, age 15, lives in the northern panhandle of West Virginia with his aunt, my sister, who has temporary custody. A few months ago, he got into trouble when he shoplifted a carton of cigarettes and was put on a continuous improvement plan through the court. It was stated in the courtroom that this action was not an admission of guilt to the shoplifting issue. Now just recently, he was arrested for drug possession and possession with intent to distribute for some mushrooms, although we have to wait for a toxicology report to verify that they were indeed narcotic. I had already planned on bringing my son to MN permanantly in June because he violated the agreement I had with him as to why he I let him move in with my sister to begin with. We relocated to MN from WV in July 2005. Anyway, now his dad has my son staying with him since the drug incident (this past Fri) and has talked my son into living with him if he doesn't get sent to a detention center. I am the sole custodial parent and his dad owes me over 18,000 in back child support. He has never really been involved in my son's life and not due to anything on my part. His dad lives in PA only about 20 minutes outside of WV. Anyway, can anyone answer a couple of questions? First, would a judge side with the father and let my son live with his dad if he would only get probation as a punishment? Secondly, I would truly love to have my son back with me and get him some counseling here. According to a school assessment that was done for my son's learning disability, he has impaired moral judgement. I know that my biggest mistake was letting him move in with my sister. I have regretted it every day. Anyway I digress, would a judge consider letting me bring him back here with me even after this incident? Any opinions would be helpful.
 


seniorjudge

Senior Member
brokenhearted said:
MN.
My problem is very complicated. I live in Minnesota with my husband and daughter. My son, age 15, lives in the northern panhandle of West Virginia with his aunt, my sister, who has temporary custody. A few months ago, he got into trouble when he shoplifted a carton of cigarettes and was put on a continuous improvement plan through the court. It was stated in the courtroom that this action was not an admission of guilt to the shoplifting issue. Now just recently, he was arrested for drug possession and possession with intent to distribute for some mushrooms, although we have to wait for a toxicology report to verify that they were indeed narcotic. I had already planned on bringing my son to MN permanantly in June because he violated the agreement I had with him as to why he I let him move in with my sister to begin with. We relocated to MN from WV in July 2005. Anyway, now his dad has my son staying with him since the drug incident (this past Fri) and has talked my son into living with him if he doesn't get sent to a detention center. I am the sole custodial parent and his dad owes me over 18,000 in back child support. He has never really been involved in my son's life and not due to anything on my part. His dad lives in PA only about 20 minutes outside of WV. Anyway, can anyone answer a couple of questions? First, would a judge side with the father and let my son live with his dad if he would only get probation as a punishment? Secondly, I would truly love to have my son back with me and get him some counseling here. According to a school assessment that was done for my son's learning disability, he has impaired moral judgement. I know that my biggest mistake was letting him move in with my sister. I have regretted it every day. Anyway I digress, would a judge consider letting me bring him back here with me even after this incident? Any opinions would be helpful.

https://forum.freeadvice.com/showthread.php?t=320538


Q: Anyway I digress, would a judge consider letting me bring him back here with me even after this incident?

A: I am not sure how anyone would be able to answer that except to say, "Try it!"
 

brokenhearted

Junior Member
Thank you. I'm just so frustrated that his dad has the nerve to step in to play the hero and feed my son with a bunch of bull about how to straighten up. I have way more resources in this state than WV does to help him become a better person. I just hope the judge will take this into consideration.
 

brokenhearted

Junior Member
I also wanted to correct the mistake I made when I stated that my sister has temporary custody. I meant to say she has temporaty guardianship.
 

smutlydog

Member
brokenhearted said:
I also wanted to correct the mistake I made when I stated that my sister has temporary custody. I meant to say she has temporaty guardianship.
Where does your son want to live? Your son's behavior might be the result of bad feelings toward his father. It could be a number of things. Statistically fathers are responsible for this kind of behavior more times than not. Fatherless households are breading grounds for criminals and your husband could never take the place of his real father.
I know he may not deserve to have custody of your son but it's not about him. It's about your son's behavior. He's only 15 and it's not too late for him to establish a meaningful relationship with his father.

Get this boy to a counselor before you do anything. Maybe the counselor can get some of these emotions to the surface.
 

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