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costody case?

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Catiej913

Junior Member
What is the name of your state (only U.S. law)? New York, North Carolina

Ok i have a question for everyone. my boyfriend has 3 girls with his exwife, his ex has custody of them. He is fed up with all of her crap and is going to take her back to court for custody, my question is just do you think he will get it or is there something we are forgetting to do? heres whats going on:
my boyfriend and ex got divorced about 5 years ago, kids are 13 10 and 7 now, he is ready to go to court because they moved out of state 2 years ago to ohio, since then they moved 3 times in that same state and now are in another state, north carolina, they have not been able to pay theyre rent several times, she does not have a job, theyre cable internet, and phones keeps getting shut off so theres no way to get in contact with them. my boyfriend did not agree to the moving to north carolina, they went to court the first time (to ohio) and did a whole bunch of things so she could move cause she said it was going to be better for the kids, which it has turned out not to be. now she is not working but her new husband is but they party all the time, the kids tell us all the time about how they are ging to parties and doing beer funnels in the house and stuff, the oldest has even told us she smells pot when she comes downstairs (now i dont know if she knows what it smells like but can we request a drug test for all of us to see before he goes in there and says something untrue which makes him look bad?) they just moved to a new state like 3 weeks ago and the oldest has not been in school for those 3 weeks cause the ex didnt have 75$ to pay for her school records to be released and she JUST told us so we could pay it (which we dont mind cause we want her to go to school but we wish she would of told us sooner). now with all of those things in mind we really want custody of the girls, now my boyfriend is a good guy the only thing he has done wrong is got a dui 2 years ago but has gone though all the classes and fines and fees and everything and i think it got reduced to a misdomenor. but anyway we both have stable jobs with good pay and health insurance (which the girls dont have at the moment) and we just bought a new house, i also have a daughter from a previous relationship who lives with me that the girls consider theyre sister. we have figured out child care for before school (since we both have to be at work by 7) and after school (from 2:30 to 3:30 when my boyfriend gets home from school. Im not saying shes a bad mom i mean im sure shes good and wouldnt intentionally hurt the girls but we dont think she is providing a stable environment, we just want them to be in a stable household with food, and school, and clothes, and everything. so is there anything we are forgetting about or anything we could do to help get custody? anything yu got could help:) thanks
 


BL

Senior Member
This is not a chat room , use proper grammar .

Now , we have no Idea what the court orders say .

I have never heard of having to pay for school records to be transfered from one school to another , even through States .
 

Silverplum

Senior Member
This is not a chat room , use proper grammar .
Agreed.
And paragraphs are your friends. Big blocks of text don't encourage readers.
BL said:
Now , we have no Idea what the court orders say .
That, too.
Word-for-word is best.

Also, please read the sticky for new posters at the top of the Custody forum. Better, have your bf take care of his own business: legally, this is not a "we" situation.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? New York, North Carolina

Ok i have a question for everyone. my boyfriend has 3 girls with his exwife, his ex has custody of them. He is fed up with all of her crap and is going to take her back to court for custody, my question is just do you think he will get it or is there something we are forgetting to do? heres whats going on:
my boyfriend and ex got divorced about 5 years ago, kids are 13 10 and 7 now, he is ready to go to court because they moved out of state 2 years ago to ohio, since then they moved 3 times in that same state and now are in another state, north carolina, they have not been able to pay theyre rent several times, she does not have a job, theyre cable internet, and phones keeps getting shut off so theres no way to get in contact with them. my boyfriend did not agree to the moving to north carolina, they went to court the first time (to ohio) and did a whole bunch of things so she could move cause she said it was going to be better for the kids, which it has turned out not to be. now she is not working but her new husband is but they party all the time, the kids tell us all the time about how they are ging to parties and doing beer funnels in the house and stuff, the oldest has even told us she smells pot when she comes downstairs (now i dont know if she knows what it smells like but can we request a drug test for all of us to see before he goes in there and says something untrue which makes him look bad?) they just moved to a new state like 3 weeks ago and the oldest has not been in school for those 3 weeks cause the ex didnt have 75$ to pay for her school records to be released and she JUST told us so we could pay it (which we dont mind cause we want her to go to school but we wish she would of told us sooner). now with all of those things in mind we really want custody of the girls, now my boyfriend is a good guy the only thing he has done wrong is got a dui 2 years ago but has gone though all the classes and fines and fees and everything and i think it got reduced to a misdomenor. but anyway we both have stable jobs with good pay and health insurance (which the girls dont have at the moment) and we just bought a new house, i also have a daughter from a previous relationship who lives with me that the girls consider theyre sister. we have figured out child care for before school (since we both have to be at work by 7) and after school (from 2:30 to 3:30 when my boyfriend gets home from school. Im not saying shes a bad mom i mean im sure shes good and wouldnt intentionally hurt the girls but we dont think she is providing a stable environment, we just want them to be in a stable household with food, and school, and clothes, and everything. so is there anything we are forgetting about or anything we could do to help get custody? anything yu got could help:) thanks

I don't think that your boyfriend has enough of a "significant change in circumstance" to give him a strong shot at winning a custody case at this point. He can make the point that mom has moved quite a bit in the last two years, but since we don't know mom's counter arguments on that issue, that may not be much. However mom's financial woes cannot be used against her. Proverty is not a valid reason to lose custody of your children.

Otherwise, anything else would have to be proven, and what the children say is not proof. Without outside evidence of drug abuse, its unlikely that he would even be able to get a judge to order a drug test for mom or her husband.

Since you husband has health insurance available for the children, why isn't he providing it now, rather than leaving them uncovered? That is a question that the judge WILL ask, so he has to be prepared to answer that.
 

BL

Senior Member
Which State has Jurisdiction ?

Just for clarity of the Law .

If it's NY , hearsay of what the children say is admissible , as they are the subject of the matter .
 

Arin08

Junior Member
From my experience in Ohio, unless the children were moved in and out of schools, there was not an issue. I actually had to pay $25 for each child to transfer their public school records from Ohio to West Virginia when we moved last year. I agree with the person that said income was not a reason to take custody away. I'm not sure about the partying, alcohol and drugs. I'm sure you could request a visit from social services. Again, from my experience...in Ohio, the courts look down on parents who don't have their children in school. During a mediation agreeement, my ex husband took our daughter out of school to come up to Ohio with him. I never thought a thing about it because it was only one day (plus I was happy to get to see her). But the judge didn't like it at all and she warned both of us that we better never take our children out of school for anything like this.
 

TinkerBelleLuvr

Senior Member
they went to court the first time (to ohio)
Makes it sound like Ohio is involved.

OP - without the court orders, and which state is involved, not much can be said.

OP - YOU are not a party to this. There is no WE in legal terms.
 

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