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child custody

  • Thread starter Needing to Know
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Needing to Know

What is the name of your state? West Virginia: my question is this my son has sole custody of his son and has had for 12 yrs. for 8 of those yrs. his mother had absolutely no communication. Then she called and my son allowed her a visit. Later she remarried and then took him to court to get visitation which she was given at the original custody hearing but she didn't show up.what we need to know is that if my son were to die or be incapacitated in some manner that he could no longer care for his son would the mother automatically be able to take him out of his current home. my son has remarried and now his son has a 10yr. old sister. He's very concerned that the courts would step in and remove him from the only home he's known. the son is now 14 yrs. old and they live in fla.
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Under the Radar Member
If the bioMom were to file for custody, there would be a very good chance that she would get it.

Needing to Know

This seems awfully cruel to the child. Is there no common sense when it comes to the law? I'm the grandmother and in the home study that was conducted during the custody hearing they found me to be the one that the baby had bonded with. I had him 95% of the time. She just never cared one way or the other where he was. How could she deserve to get him back. She's had her visitation restored for almost 3 yrs. now and there is still no bond. The son never wants to go and the whole time that he's with her she isn't home. She was suppose to pay child support but never has. My son was ok with that because she was at least leaving them alone. When her new husband's family started questioning why she never saw her son she put in for visitaion. I can only imagine what his life would be like if given back to her.
I appreciate you're reply. Thanks.


Senior Member
Sandra, listen, your son isn't about to pass on any time soon now right!:) In addition at 14, even though she is his biological mother, I'm sure the judge would take into consideration his wishes and probably allow him to remain with you....as his age increases, so it appears their voices have more weight with the court. There is another post on this board from someone who's ex passed on and the live in boyfriend of the ex was just granted temporary custody of a 6 year old little girl (this over an involved biological father so go figure). In addition, courts don't really like to uproot children (as in the previous case). Also, figure that if your son for some reason does pass on within the next 4 years, heck, I'd just tie that up in court so long he'd be 18 anyway before it was over anyway! Just know that if anything does happen to yoru son, you will want to see a family lawyer to get the proper motions filed immediately.
At the end however, we are all the mercy of the judges who each have their own adgenda's.

Needing to Know

Reply to Kat: I appreciate you're quick response. Its much more incourageing than the 1st one. You've given me a new perspective in looking at this situation. You're right, my son is only 35, so no he in all probability won't be passing on any time soon. Thank you so much. I feel 100% better:)


He should be old enough for the courts to take in to consideration his feelings....and what he wants.
They will look at the stability of the home environment he is currently in, and the stability of the mother.

I agree with momma_tiger that if she filed for custody/visitation there is a good chance she would get it...HOWEVER that does not mean that she would be the childs primary custodian. She may get visitation but that does not mean she would necessarily get full custody of him. In other words she may be able to see him, but he wouldn't be with her all the time. Especially since he is 14 right now....in most states and courts they do take the childs opinion.

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