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full custody

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hkcon

Junior Member
What is the name of your state? I live in nevada as do the kids and their mother, we have been divorced for over 2 years now with a 4 to 5 month reconciliation at about 1 yr. probably not relevant. we have up to now been living in the same house in separate bedrooms switching every other week as the parent with custody so to speak. About a month ago she started dating someone and is basically living with him only coming back here when the children are awake and not in school. She finds reasons to put them to bed as early as 5:30 sometimes so she can leave and go back to his house. we have 4 children under 18 still in the house, one of whom is autistic albeit high functioning close to the Asperger's side of the syndrome (he is 12 and in the 6th grade). The other children are 16 a boy in high school, and 8 year old in 3rd grade and a 7 year old in 1st. There is also a 23 yr old who also is autistic and while high functioning he has emotional issues along with a obedience dysfunctional disorder. She some how became his legal guardian so that she could collect SSDI for him. Her interaction with the children is minimal, she works from home and when it is her week she relies on the 23 yr old to do a lot of the stuff the kids need like making breakfast and taking them to the bus stop. so there is a 3 hour window in the morning that she could interact, but mostly doesn't as she is on her computer working or on her phone. The 16 yr old is doing his own thing for the most partis on both the JV and Varsity BBall teams so not a lot of interaction there either. The 12 yr old gets off the bus at 2:00 pm and she rarely picks him up she leaves that to the 23 yr old. the other 2 get off the bus at 3:45 and like I say she tries to get them in bed as soon as possible, but in any case they are in bed by 6:00 (7 yr old) and 6:30 (8 yr old). She generally leaves at that point and leaves it to the 23 yr old to put the 12 yr old to bed or makes him go to bed at 7:00 pm and then leaves. When it is not her week her contact is almost nil. She never calls the kids on her own and when they call her she gets off the phone as soon as possible always less than 5 mins. There was a drug addiction problem that I could prove up until about 6 mos ago, she would always pick up my pain meds with hers and then give me 1 or 2 a day when I was prescribed 4 with about 10 extra for bad days. She has in the past taken large amounts of money out of the bank account and gone to vegas and bought pills from someone she knows out there. She also vapes and though I have repeatedly asked her not to she vapes in the car with the children present.
she has now expressed that she wants to move out and take the kids every other week. The 23 yr old has said he will go but they have terible arguments and she threatened to call the cops on him just last week. the 16 yr old has no interest in going with her at all. this house is the only place the 2 younger ones have ever lived and the 12 yr old barely remembers the place before this. I am concerned about the stability of moving them every other week and the other person and his 3 boys are a factor that I worry about as well. I am 64 retired and able to be with the children at all times, yes these are my biological kids, and on a fixed budget that includes SSI for the 4 children under 18. if they are not here for 50% of the time I would lose that money and then I would not be able to keep the house or get another that could accommodate them. So I am wondering if I would have any grounds to ask for full custody with her able to visit at any time sans the b/f. Also, if I was granted full custody would I get any child support. We have a 50/50 custody agreement and she has agreed to sign over the deed to me with only about 20% equity ($45,000 to $55,000 after a sale). This is probably a lot of irrelevant info and I apologize.
 


LdiJ

Senior Member
Ok, let me recap some things:

You, mom and the kids have been living in the same house.
You are retired and are available to be with the children at all times.
You are complaining that during mom's weeks she is not available to the children as much as you would like her to be, puts them to bed way too early for her own convenience, and she delegates a lot of the childcaring to the 23 year old.

Ok, so if you are living in the same house as the children, and are retired and available to be with them at all times, then why in the world is the 23 year old doing any childcaring and why are the children going to bed too early? If you try to use that as ammo in a custody battle it is going to make you look just as bad as mom.

Very few parents are retired, and therefore most are working to support themselves and their children. Complaining that she is not caring for the children while she is working will not earn you any brownie points either.

Full custody for either parent is not the norm these days. It is usually joint legal custody with various kinds of timeshares between the parents. You have been practicing a 50/50 timeshare while living in the same house even, so that is status quo. It is difficult to overcome status quo. Had you been operating as the primary caregiver for the children (and based on your complaints about mom you have not) you might have had an edge for a greater timeshare, but that is not how you have been operating.

If the children are receiving SSI because you are retired and are receiving benefits for them as the rep payee, why do you believe that you will lose those benefits if they are with mom 50% of the time?

Child support is calculated on specific criteria. Google for the official child support calculator for your state and run the numbers. Make sure that you include the children's SSI on your side of the equation if you are the rep payee for the children.

The pain medication issue is unlikely to help you. 1) apparently you are on daily pain medication, 2) If mom is addicted to pain pills why are you allowing her to be responsible for the children at all, or driving a car with the children in it?
 

stealth2

Under the Radar Member
The pain medication issue is unlikely to help you. 1) apparently you are on daily pain medication, 2) If mom is addicted to pain pills why are you allowing her to be responsible for the children at all, or driving a car with the children in it?
3) Allowing Mom to p/u and distribute Dad's pain meds.
 

hkcon

Junior Member
Ok, let me recap some things:

You, mom and the kids have been living in the same house.
You are retired and are available to be with the children at all times.
You are complaining that during mom's weeks she is not available to the children as much as you would like her to be, puts them to bed way too early for her own convenience, and she delegates a lot of the childcaring to the 23 year old.

Ok, so if you are living in the same house as the children, and are retired and available to be with them at all times, then why in the world is the 23 year old doing any childcaring and why are the children going to bed too early? If you try to use that as ammo in a custody battle it is going to make you look just as bad as mom.

Very few parents are retired, and therefore most are working to support themselves and their children. Complaining that she is not caring for the children while she is working will not earn you any brownie points either.

Full custody for either parent is not the norm these days. It is usually joint legal custody with various kinds of timeshares between the parents. You have been practicing a 50/50 timeshare while living in the same house even, so that is status quo. It is difficult to overcome status quo. Had you been operating as the primary caregiver for the children (and based on your complaints about mom you have not) you might have had an edge for a greater timeshare, but that is not how you have been operating.

If the children are receiving SSI because you are retired and are receiving benefits for them as the rep payee, why do you believe that you will lose those benefits if they are with mom 50% of the time?

Child support is calculated on specific criteria. Google for the official child support calculator for your state and run the numbers. Make sure that you include the children's SSI on your side of the equation if you are the rep payee for the children.

The pain medication issue is unlikely to help you. 1) apparently you are on daily pain medication, 2) If mom is addicted to pain pills why are you allowing her to be responsible for the children at all, or driving a car with the children in it?
I felt like this would be the case, it was my 21 yr old son who brought this up because he doesn't believe she has their best interest at heart. She is planning on moving out and making the children live at my place for a week and then at her place for a week. When she leaves I am the caregiver I become the caregiver ipso facto and I try to do things for them when it is her week but she gets livid for whatever reason. But when they get up in the middle of the night crying for their mom and it is her week I feel like she has abandoned them at that point. And that is when she knows I can see what is going on. What will happen when I cannot? Thank you for your time I again had a feeling it was not something I can do anything about but felt I shpould do my due diligence.
 

hkcon

Junior Member
I felt like this would be the case, it was my 21 yr old son who brought this up because he doesn't believe she has their best interest at heart. She is planning on moving out and making the children live at my place for a week and then at her place for a week. When she leaves I am the caregiver I become the caregiver ipso facto and I try to do things for them when it is her week but she gets livid for whatever reason. But when they get up in the middle of the night crying for their mom and it is her week I feel like she has abandoned them at that point. And that is when she knows I can see what is going on. What will happen when I cannot? Thank you for your time I again had a feeling it was not something I can do anything about but felt I shpould do my due diligence.
I want to answer the pills issue, I am not happy about what I have done in that regard, I knew that if I tried to bring it up it would be a huge problem that would likely end up costing her her career and to my never ending shame I was worried about our mortgage more than the kids. My only defense is she never exhibited any outward appearance of drug use. Not much of a defense I agree.
 

LdiJ

Senior Member
I want to answer the pills issue, I am not happy about what I have done in that regard, I knew that if I tried to bring it up it would be a huge problem that would likely end up costing her her career and to my never ending shame I was worried about our mortgage more than the kids. My only defense is she never exhibited any outward appearance of drug use. Not much of a defense I agree.

But that explanation is the exact reason why the pill issue should not be something that you attempt to use in a custody battle. You also need to understand that all children of divorce go back and forth between their parent's respective homes. While many parents do feel that it is not in their children's best interest to do so, that is something that a court will never agree about absent any rare or unusual circumstances. You do not have any rare of unusual circumstances. It is in the best interest of children to spend signficant time with both parents.

It is also not normal at all for divorced parents to share a home. What is normal is that the respective parent provide their own homes that they then share with their children when their children are with them. You are simply going to need to arrange your financial life so that this works for you, even if it means downsizing. I do understand that this whole situation has you running a bit scared on several levels, but you are just going to have to find ways to deal with those issues.
 

hkcon

Junior Member
But that explanation is the exact reason why the pill issue should not be something that you attempt to use in a custody battle. You also need to understand that all children of divorce go back and forth between their parent's respective homes. While many parents do feel that it is not in their children's best interest to do so, that is something that a court will never agree about absent any rare or unusual circumstances. You do not have any rare of unusual circumstances. It is in the best interest of children to spend signficant time with both parents.

It is also not normal at all for divorced parents to share a home. What is normal is that the respective parent provide their own homes that they then share with their children when their children are with them. You are simply going to need to arrange your financial life so that this works for you, even if it means downsizing. I do understand that this whole situation has you running a bit scared on several levels, but you are just going to have to find ways to deal with those issues.
yeah I get it I appreciate your answer I wasn't saying I would try to use it I was agreeing that it was a bad decision and I regret it to this day.
 

stealth2

Under the Radar Member
Trying to get my girls back! Please show your support by taking the time to read my story, if nothing else! Thank you!
Just as an FYI - it's best to start your own thread - necro posting/highjacking is actively discouraged here.

I did read your gofundme, though... where are your children now? Understand that six+ years down the line, you will be hard-pressed to have them removed from where they are now. I'm assuming that they are either with family or have been adopted out. If the former, your best bet may be to approach the family who has custody (do NOT do this if they've been adopted by non-family!) and try to reach an agreement to have some type of access. You should likely not expect to regain custody.

Best of luck with your continued recovery.
 
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Just Blue

Senior Member
Just as an FYI - it's best to start your own thread - necro posting/highjacking is actively discouraged here.

I did read your gofundme, though... where are your children now? Understand that six+ years down the line, you will be hard-pressed to have them removed from where they are now. I'm assuming that they are either with family or have been adopted out. If the former, your best bet may be to approach the family who has custody (do NOT do this if they've been adopted by non-family!) and try to reach an agreement to have some type of access. You should likely not expect to regain custody.

Best of luck with your continued recovery.
Stealth could you please remove the go fund me link?

@jessicadodd2024 Please remove the go fund me link. It is inappropriate for this forum. Please read the term of Service and Important information listed at the bottom of every page. Thank you.
 
I want to answer the pills issue, I am not happy about what I have done in that regard, I knew that if I tried to bring it up it would be a huge problem that would likely end up costing her her career and to my never ending shame I was worried about our mortgage more than the kids. My only defense is she never exhibited any outward appearance of drug use. Not much of a defense I agree.


And you are upset that she works in the morning when you are available for child care?
 

stealth2

Under the Radar Member
When she leaves I am the caregiver I become the caregiver ipso facto and I try to do things for them when it is her week but she gets livid for whatever reason. But when they get up in the middle of the night crying for their mom and it is her week I feel like she has abandoned them at that point. And that is when she knows I can see what is going on. What will happen when I cannot? Thank you for your time I again had a feeling it was not something I can do anything about but felt I shpould do my due diligence.
The long and the short of it seems to be that you want to dictate how she parents on her time. Not going to fly.
 

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