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Emergancy Custody

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jessykav12

Junior Member
What is the name of your state? Arizona

I am the step-mother of a brilliant 10 year old boy.
His father and mother share 50/50 custody, however I have been keeping track of how many days his mother takes him and in the passed 5 years she has taken her son an average of 6.4 days a month.

Their son has expressed to me that he feels left out and un loved because mom spends more time with her boyfriends sons than she does with him. When ever mom and dad argue over the phone she puts the speaker phone on so that their son can hear them fight. This makes son feel guilty and he gets depressed. He has started cutting himself. I want to help him right away.

Mom calls son "spoiled brat" and "lier" and when he doesn't listen to her she calls dad wanting him to discipline son. She doesn't want to take son if he has homework and if she does end up taking him she tells him he doesn't have to do his homework and she will write his teacher a note. She always guilts son by telling him that dad is mad at her because of him and she makes son call dad to apoligize (dad explains to son it is not his fault and he doesn't have anything to be sorry for).

Tell me she is fit to be a mother, no I don't think so. She is damaging her son emotionally and in turn he is damaging himself physically.

My husband wants to take legal action. I heard that you can apply for Emergancy Custody but what would my husband need? Also, when mom and dad got divorced the court ordered dad to pay child support but mom and dad agreed on their own that it wasn't necessary because dad would have son 50% of the time. They didn't put it in writing and I'm scared that mom is going to try to get dad for all the back child support. How can dad protect himself?

Thank you for your time.
Jessy:confused:
 


Zephyr

Senior Member
this is not a situation that requires emergency custody, have dad hire an attorney and file for modification of custody to reflect what the parenting time split has become

about the cs- dad can't protect himself- he should have dealt with it through the courts when he and mom came to that agreement- if she or the state go after him for it- he will be paying
 
What is the name of your state? Arizona

I am the step-mother of a brilliant 10 year old boy.
His father and mother share 50/50 custody, however I have been keeping track of how many days his mother takes him and in the passed 5 years she has taken her son an average of 6.4 days a month.

Their son has expressed to me that he feels left out and un loved because mom spends more time with her boyfriends sons than she does with him. When ever mom and dad argue over the phone she puts the speaker phone on so that their son can hear them fight. This makes son feel guilty and he gets depressed. He has started cutting himself. I want to help him right away.

Mom calls son "spoiled brat" and "lier" and when he doesn't listen to her she calls dad wanting him to discipline son. She doesn't want to take son if he has homework and if she does end up taking him she tells him he doesn't have to do his homework and she will write his teacher a note. She always guilts son by telling him that dad is mad at her because of him and she makes son call dad to apoligize (dad explains to son it is not his fault and he doesn't have anything to be sorry for).

Tell me she is fit to be a mother, no I don't think so. She is damaging her son emotionally and in turn he is damaging himself physically.

My husband wants to take legal action. I heard that you can apply for Emergancy Custody but what would my husband need? Also, when mom and dad got divorced the court ordered dad to pay child support but mom and dad agreed on their own that it wasn't necessary because dad would have son 50% of the time. They didn't put it in writing and I'm scared that mom is going to try to get dad for all the back child support. How can dad protect himself?

Thank you for your time.
Jessy:confused:
Dad is probably screwed as far as the child support goes.

Why does dad need emergency custody? Sounds like he has the child most of the time. If mom only has son 6 days a month, what do you want her to have 0? That's not going to happen. I don't see a judge restricting mom based on the behaviors you have stated.

Get the child into counseling. Counseling is your best bet to get son the help he needs to deal with mom.
 

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