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Daughter NOT happy with Custodial father

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Sierra

Guest
CALIFORNIA My daughter "C", 8yrs lives with her father and step-mother since she was 4 1/2. He has 1 older girl "B" who is 11yrs. He also has two smaller boys "T", 5yrs & "G", 3yrs. He was awarded custody in long terrible battle. I was not shown to be unfit. I was a stay at home Mom until she was 3 1/2, I started school. Case went on for a year, I lost due to HIM lying about me and getting past "friends" to testify for him in court on his behalf. He sexually abused both girls, but charges were dismissed as soon as CPS found out that his realtives work within the County System. Plus one relative "dated" most of the Cops in town. So he was free to stalk me and harrass me and I could do nothing. My child would come home with bruises from SM, and police did nothing- except try to place the blame on me for trying to keep daughter from father. He is a very good liar and Everyone insists on believing him! And not looking at the facts.
That was a few years ago, and my daughter still to this day says she wishes she could live with me, and it breaks my heart because I don't know what to tell her or give her the answers she wants. I only say that someday we she will live with me. I haven't asked him because it would make the situation hard for my daughter again, as she was a pawn before. She is afraid of them and will do what they say because of the fear. She wants to go see the Judge and talk to him, but I don't know that he would listen. And I'm afraid of what my ex would do if he knew what she wanted. He lied n court and was granted custody , the only way he could hurt me was by taking my child away from me, and he did. Of course he likes the support money too (probably better). Now, I am engaged, and waiting for the plans to our new home to be approved by the county. He lives in the County where the Court Orders were assigned (Small town). I recently moved 100 miles away to improve my quality of life, financially, Physically, and emotionally. I do most of the driving. He is planning on moving out of County if he hasn't done so already.

What I would like to know is this;
What can I do to get my daughter back, where she wants to be?
What chance do I have of regaining custody of my daughter?
How old does she need to be to have her opinion count in court?
Is it legal for two boys and 2 girls to share a bedroom (all under 11)?
If he moves out of that County, do I still pay support to that county?
Can SM put her name on any documents as the "Mother", ie; medical, dental, school, etc?
Before, SM wasn't working, now she is, can her earnings be accounted for in the Child support amount? (Income and Expense declaration)
If I am paying support, and my ex asks me to buy school clothes, and school supplies am I obligated to buy them? ( I do anyways so that she doesn't go without).
Can I ask that he provide proof of where the amount of support I pay is going toward?
The oldest daughters mother is not paying support, does that mean that I am paying support for her as well?
Can I ask that the amount that he is supposedly getting in support from other childs Mom be included on his Income & Expense Declaration?
Can I ask for a travel expense for doing most of the driving?

Please someone, answer all these questions, I am most interested in getting my child back with me where I want her, and where she wants to be. Any help is appreciated!

Thank you
 


S

Sierra

Guest
Also, Can I seek a change of venue because of the conflicts in interest? ie; his relatives who work within the County System?

Thank you!
 

LegalBeagle

Senior Member
What can I do to get my daughter back, where she wants to be?

It would very difficult to do so unless something has changed. Ie, one of those friends come forward and states they lied in court etc.. you should have kicked up a fuss about the abuse charges being dropped. Or made a higher complaint if he was stalking and haressing you.

What chance do I have of regaining custody of my daughter?

Slim with what you have said so far. You need a major change of circumstance to even start the process.. then you need to show what has changed between the last order and today and why he should not have the child. Also you need proof to back up your statements.

How old does she need to be to have her opinion count in court?

Any age.. it depends on the judge.. but 12 is a nice number that I always use.

Is it legal for two boys and 2 girls to share a bedroom (all under 11)?

Unless the room is only 6x8 then I do not know of any laws to stop it.

If he moves out of that County, do I still pay support to that county?

I do not know what your current arrangement is..

Can SM put her name on any documents as the "Mother", ie; medical, dental, school, etc?

She can do whatever she wants.. and is..

Before, SM wasn't working, now she is, can her earnings be accounted for in the Child support amount? (Income and Expense declaration)

Generally no… I do not know CA law but in FL her income would be taken into account *if* he brought the other children into the equation.

If I am paying support, and my ex asks me to buy school clothes, and school supplies am I obligated to buy them? ( I do anyways so that she doesn't go without).

No.

Can I ask that he provide proof of where the amount of support I pay is going toward?

No

The oldest daughters mother is not paying support, does that mean that I am paying support for her as well?

No.

Can I ask that the amount that he is supposedly getting in support from other childs Mom be included on his Income & Expense Declaration?

Why ? No.

Can I ask for a travel expense for doing most of the driving?

No, since you moved.




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Psst... I do not work for Macdonald’s or Burger King, and even if I did, I would not tell you. For sloppy bread, tired tomatoes, frozen onions, watered down mayonnaise and imitation meat, please find a drive through window with a person who openly admits they make that stuff.

My advice above is equal to the advice they would give if you asked that person a legal question.
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Sierra:
Also, Can I seek a change of venue because of the conflicts in interest? ie; his relatives who work within the County System?
<HR></BLOCKQUOTE>

If and when you get in front of a judge, yes, you can request it.. you would have to show a really good reason why them working within the county is going to effect your case though.

 

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