• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Stepdaughter in trouble

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

skyy

Member
What is the name of your state? DE
Please understand that I'm not on some evil stepmother campaign. Ordinarily, I would wait until my husband returned to handle this, but he's been overseas for more than 8 months, and there's a good chance he might not even return until next year.

Major issues:
- biomom strips (or at least, did) and stepdaughter knows, met the friends, saw the routines and tried to copy them
- child is unhappy about biomom's relationship with another woman (who has a child she has no custody of)
- child is being reared by great-grandmother who is not receiving the support garnished to biomom; child is actually supported by everyone but biomom
- mom has moved 3-4 times in past 14 months; once to a one bdr so child would not have a room; child does not live with mom
- we've only been allowed to see child about 11 days in past 14 months after sent to live with us but mom took her back (dad didn't want major problems between her and me while he was gone for 6 months) she was sent back after I called mom to wish her happy birthday:rolleyes: :rolleyes:
- mom and great-grandmother cannot control child; she was kicked out of school last year; she's acting out this year basically because she misses her father, "mommy skyy", and her siblings and says so (pictures and everything); we're considered the discipline side of the family while she runs their household
- mom does not enroll child in school, fusses at teacher; refuses to take stepdaughter to doctor when ill and uses her as a pawn
- great-grandmother does whatever mom says because is afraid will not see child
- last night she LITERALLY threw a temper tantrum at great-grandmother when paternal grandmother returned child from visit; she cursed, almost provoked paternal grandmother to fight, called us (paternal grandmother, her friend and me b*****s), and yanked my stepdaughter around like a ragdoll and said the only way we'd see her was through the court
-last year, she told me she wanted to die to be with her grandfather she'd never met
- there's more (yes, a soap opera)

I've already booked our flight back, so my stepdaughter can see her siblings and know we still care. I'm gathering all of her records. My husband left me a general power of attorney to act on his behalf. I realize it's not custody, nor am I trying to keep the child from her mother. But he's already concerned about what's going on. I don't know if he can mail me back the change of custody papers before I leave so I can show he asked for the change. My questions are:

Can I file for emergency/temporary custody for him until I can get a court date where he might be able to fly in to represent himself? Should I file to exercise his visitation since he has joint legal custody but doesn't have to be here with me (he calls and the child will have a better chance to talk to him or e-mail him)? Should I file a third party temporary custody? Her grandmother filed before but dropped it because she didn't want to challenge me husband. I'd hate to think she has to spend up to 2 years being used and no one can help her. (I do plan to spend most of the summer in DE so she can be with all of her family.)
 


B

Boxcarbill

Guest
skyy said:
What is the name of your state? DE
Please understand that I'm not on some evil stepmother campaign. Ordinarily, I would wait until my husband returned to handle this, but he's been overseas for more than 8 months, and there's a good chance he might not even return until next year.

Major issues:
- biomom strips (or at least, did) and stepdaughter knows, met the friends, saw the routines and tried to copy them
- child is unhappy about biomom's relationship with another woman (who has a child she has no custody of)
- child is being reared by great-grandmother who is not receiving the support garnished to biomom; child is actually supported by everyone but biomom
- mom has moved 3-4 times in past 14 months; once to a one bdr so child would not have a room; child does not live with mom
- we've only been allowed to see child about 11 days in past 14 months after sent to live with us but mom took her back (dad didn't want major problems between her and me while he was gone for 6 months) she was sent back after I called mom to wish her happy birthday:rolleyes: :rolleyes:
- mom and great-grandmother cannot control child; she was kicked out of school last year; she's acting out this year basically because she misses her father, "mommy skyy", and her siblings and says so (pictures and everything); we're considered the discipline side of the family while she runs their household
- mom does not enroll child in school, fusses at teacher; refuses to take stepdaughter to doctor when ill and uses her as a pawn
- great-grandmother does whatever mom says because is afraid will not see child
- last night she LITERALLY threw a temper tantrum at great-grandmother when paternal grandmother returned child from visit; she cursed, almost provoked paternal grandmother to fight, called us (paternal grandmother, her friend and me b*****s), and yanked my stepdaughter around like a ragdoll and said the only way we'd see her was through the court
-last year, she told me she wanted to die to be with her grandfather she'd never met
- there's more (yes, a soap opera)

I've already booked our flight back, so my stepdaughter can see her siblings and know we still care. I'm gathering all of her records. My husband left me a general power of attorney to act on his behalf. I realize it's not custody, nor am I trying to keep the child from her mother. But he's already concerned about what's going on. I don't know if he can mail me back the change of custody papers before I leave so I can show he asked for the change. My questions are:

Can I file for emergency/temporary custody for him until I can get a court date where he might be able to fly in to represent himself? Should I file to exercise his visitation since he has joint legal custody but doesn't have to be here with me (he calls and the child will have a better chance to talk to him or e-mail him)? Should I file a third party temporary custody? Her grandmother filed before but dropped it because she didn't want to challenge me husband. I'd hate to think she has to spend up to 2 years being used and no one can help her. (I do plan to spend most of the summer in DE so she can be with all of her family.)
I would suggest that you discuss this with a lawyer who is familiar with DE family law. The first cracker out of the box needs to be "standing." Do you have standing to bring the suit. (Yes, Virginia there is a Santa Clause. And a you may have standing. But standing in these circumstances may be time sensitive so you need to act quickly.)
 

skyy

Member
Thank you for responding

What exactly is "standing" in a legal sense?
(And, my plane leaves in less than a month.)

Thanks again
 
B

Boxcarbill

Guest
Re: Thank you for responding

skyy said:
What exactly is "standing" in a legal sense?
(And, my plane leaves in less than a month.)

Thanks again
Black's definition:

1: the status of being qualified to assert or enforce legal rights or duties in a judicial forum because one has a sufficient and protectable interest in the outcome of a justiciable controversy and usu. has suffered or is threatened with actual injury
 
B

Boxcarbill

Guest
Or in layman's terms: You have to have a dog in the fight.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top