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unfit???....ABSOLUTELY!!!!! but how?

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kbhkatnco

Guest
My husband and I got custody of his 7 year old daughter in Aug.,1998. Since then (and before then), we have had nothing but problems with his ex (they were not married). She has been in and out of rehab and half-way-houses, abandond their daughter, kidnapped her (we had her on tape in an airport in Tennessee -we live in New Orleans, saying she will flee the country)She has harassed us, broken 4 restraining orders, kicked in our front door (Aug.8,2000), broken EVERY term in their custody agreement, and has broken almost every law. She has gone to such lengths as to call child protection on us 13 times in 2 WEEKS!!
We went back to court AGAIN on Aug.31,2000 only to find that she didn't even show up!! "SHE" was taking "US" to court to reverse the custody agreement (we have sole domicile). Do you believe that the judge STILL granted her visitation and phone privligages back!! SHE HAS NO PHONE, NO PERMANENT ADDRESS, NO JOB, NEVER ONCE PAID HER CHILD SUPPORT, NO DRIVERS LICENSE, IS ADDICTED TO DRUGS, AND FOR THE LAST MONTH...HAS NOT SHOWN UP TO PICK UP HER OWN DAUGHTER! WITH NO PHONE CALL, SHE'S JUST M.I.A.
We have over borrowed from all possible resources to fight her. We can't afford to fight every time she gets a wild hair, and all it seems she has to do is drop to her KNEES! (She didn't even get a lawyer for the custody hearing, she just signed over custody. Her boss testified to giving her $1,000 for an attorney and she blew it on drugs. Although... she can show up to a phone harrassment charge with 2 attorneys! What sense does that make!?!) This seems to be an on going battle, and we loose every time we turn around. All we want to do is go on with our lives. We had to refinance our house just to pay for lawyers. I mean we have 2 other children who have to get drug through this. I would like to put money away for a family vacation or kids college or both, but instead, it has to go to an "IDDIOT FUND" for when we have to go to court.
My husbands daughter asked to call me "mom" 2 years ago (she does now). She said, "because my real mom is never there, even when I'm at her house, she leaves me alone in the appartment, or she makes me go with her boyfriends". I mean GET REAL!! SHE ONLY GETS TO SEE HER DAUGHTER EVERY OTHER WEEKEND!! THAT'S 4 DAYS PER MONTH, AND SHE CAN'T MANAGE TO SPEND TIME WITH HER THEN??
I guess in all of this, I'm trying to ask "How can we prove her an unfit parent-I would like to addopt his daughter? How possible is it for her to have that reversed/do we need her permission? Will that make her custodial rights "nul and void"? Can we file custody forms/contempt of court forms on our own? How? Who can show us how to fill them out and what exactly can we say? (-Besides that she is an "IDDIOT!!") We live in Louisiana, and would like to move to Mississippi can we legally do that, or do we need permission from the courts? WILL SHE EVER GO AWAY??"

- PLEASE HELP US BEFORE WE HAVE A BREAKDOWN
 


LegalBeagle

Senior Member
kbhkatnco said:
My husband and I got custody of his 7 year old daughter in Aug.,1998. Since then (and before then), we have had nothing but problems with his ex (they were not married). She has been in and out of rehab and half-way-houses, abandond their daughter, kidnapped her (we had her on tape in an airport in Tennessee -we live in New Orleans, saying she will flee the country)She has harassed us, broken 4 restraining orders, kicked in our front door (Aug.8,2000), broken EVERY term in their custody agreement, and has broken almost every law. She has gone to such lengths as to call child protection on us 13 times in 2 WEEKS!!
We went back to court AGAIN on Aug.31,2000 only to find that she didn't even show up!! "SHE" was taking "US" to court to reverse the custody agreement (we have sole domicile). Do you believe that the judge STILL granted her visitation and phone privligages back!! SHE HAS NO PHONE, NO PERMANENT ADDRESS, NO JOB, NEVER ONCE PAID HER CHILD SUPPORT, NO DRIVERS LICENSE, IS ADDICTED TO DRUGS, AND FOR THE LAST MONTH...HAS NOT SHOWN UP TO PICK UP HER OWN DAUGHTER! WITH NO PHONE CALL, SHE'S JUST M.I.A.
We have over borrowed from all possible resources to fight her. We can't afford to fight every time she gets a wild hair, and all it seems she has to do is drop to her KNEES! (She didn't even get a lawyer for the custody hearing, she just signed over custody. Her boss testified to giving her $1,000 for an attorney and she blew it on drugs. Although... she can show up to a phone harrassment charge with 2 attorneys! What sense does that make!?!) This seems to be an on going battle, and we loose every time we turn around. All we want to do is go on with our lives. We had to refinance our house just to pay for lawyers. I mean we have 2 other children who have to get drug through this. I would like to put money away for a family vacation or kids college or both, but instead, it has to go to an "IDDIOT FUND" for when we have to go to court.
My husbands daughter asked to call me "mom" 2 years ago (she does now). She said, "because my real mom is never there, even when I'm at her house, she leaves me alone in the appartment, or she makes me go with her boyfriends". I mean GET REAL!! SHE ONLY GETS TO SEE HER DAUGHTER EVERY OTHER WEEKEND!! THAT'S 4 DAYS PER MONTH, AND SHE CAN'T MANAGE TO SPEND TIME WITH HER THEN??
I guess in all of this, I'm trying to ask "How can we prove her an unfit parent-I would like to addopt his daughter? How possible is it for her to have that reversed/do we need her permission? Will that make her custodial rights "nul and void"? Can we file custody forms/contempt of court forms on our own? How? Who can show us how to fill them out and what exactly can we say? (-Besides that she is an "IDDIOT!!") We live in Louisiana, and would like to move to Mississippi can we legally do that, or do we need permission from the courts? WILL SHE EVER GO AWAY??"

- PLEASE HELP US BEFORE WE HAVE A BREAKDOWN
Sorry, but you need another attorney.. for her to win a judgement without even being in court is amazing. Also, you should be submitting a petition for your attorneys fees or showing her in contempt for non payment of CS.

With her record, she should not be causing this much problems to your lives. I think you should look to move as soon as possible. The first step is to get permission from the court.
 

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