custody battle

[pookiegt8]

I have a 12 year old daughter that was born to me out of wedlock. I have sole legal custody and primary physical placement. Her father now wants custody of her because his wife does not want to pay the child support. He pays for two children, a daughter with me and a son from an ex-wife. Now him and his wife have a child. He lives in Illinois and I live in WI. He moved away from here when my daughter was 3. He has kept her from me on numerous occasions, leaving me to drive all the way to Illinois and contact the police to get her back. I have had several occasions that he has verbally and physically came at me, threatening me constantly (even in my own house). His wife has even come at me to physically hurt me in front of police officers. They teach my daughter to lie to me and other unladylike actions. He is fighting me for custody. My question is whether my 12 year old daughter has any say on where she lives? We tried mediation and he didn't want to try. Or what my options are?
Thank You.

 

[LegalBeagle]

I have a 12 year old daughter that was born to me out of wedlock. I have sole legal custody and primary physical placement. Her father now wants custody of her because his wife does not want to pay the child support. He pays for two children, a daughter with me and a son from an ex-wife. Now him and his wife have a child. He lives in Illinois and I live in WI. He moved away from here when my daughter was 3. He has kept her from me on numerous occasions, leaving me to drive all the way to Illinois and contact the police to get her back. I have had several occasions that he has verbally and physically came at me, threatening me constantly (even in my own house). His wife has even come at me to physically hurt me in front of police officers. They teach my daughter to lie to me and other unladylike actions. He is fighting me for custody. My question is whether my 12 year old daughter has any say on where she lives? We tried mediation and he didn't want to try. Or what my options are?
Thank You.

Your 12 year old could be heard by the judge. Just make sure you gather all your evidence together and documentation. With what you have said, they should not stand a chance at custody. I presume they have filed in your home state.. do they or you have an attorney ?

 

[pookiegt8]

I have a 12 year old daughter that was born to me out of wedlock. I have sole legal custody and primary physical placement. Her father now wants custody of her because his wife does not want to pay the child support. He pays for two children, a daughter with me and a son from an ex-wife. Now him and his wife have a child. He lives in Illinois and I live in WI. He moved away from here when my daughter was 3. He has kept her from me on numerous occasions, leaving me to drive all the way to Illinois and contact the police to get her back. I have had several occasions that he has verbally and physically came at me, threatening me constantly (even in my own house). His wife has even come at me to physically hurt me in front of police officers. They teach my daughter to lie to me and other unladylike actions. He is fighting me for custody. My question is whether my 12 year old daughter has any say on where she lives? We tried mediation and he didn't want to try. Or what my options are?
Thank You.

Your 12 year old could be heard by the judge. Just make sure you gather all your evidence together and documentation. With what you have said, they should not stand a chance at custody. I presume they have filed in your home state.. do they or you have an attorney ?

They have retained a lawyer because they are filing for custody of his son first and now they are trying to file for custody of my daughter so they are using the same lawyer. Do I really need to get a lawyer?

 

[2ndWife]

I just met with a lawyer here in Illinois and asked if children had any say. He told me that when they are 12, the judge will consider their preferences when making custody decisions.

P.S. Definitely get a lawyer.