temporary custody reversal

[tippahgirl]

What is the name of your state? MS
I need to get a temporary custody agreement reversed due to unforseen changes in my ex's life. My children do not need to be in my ex's home anymore and I need to know what to do.

 

[stealth2]

File for a modification of custody with the court.

 

[tippahgirl]

chances???

I am very worried about the fact that I have heard that judges usually don't give custody back, if I had known that I would have never agreed to it. What are the chances....they both want to live with me.

 

[stealth2]

Their ages will determine whether the judge will listen to them at all (usually not younger than 12). And yeah - it is hard to change custody. You basically have to prove the other parent unfit.

 

[Bre's_mom]

How old are the kids? At a certain age, the judge will sometimes consider what the kids have to say. Also there must be a significant change of circumstance. Document everything.

 

[tippahgirl]

even if the temporary agreement was a mutual agreement...thier situations have changed so that it is necessary for them to live with me. 'They are not being abused or mistreated just not good living conditions for them.

 

[stealth2]

The judge will be the one to decide, unless your ex agrees that the kids should move back with you.

 

[tippahgirl]

they are girls 5 & 10 thier father(s) were just going to take care of them while I finished shcool. Now they have both caused alot of problems for me and the girls and thier lives have changed so much that the girls want to live with me I mean they cry to stay and my 10 yrs old calls me crying to come to my house.

 

[Bre's_mom]

How are the living conditions bad?

 

[tippahgirl]

the 5yr old's father just remarried and his new wife hates me so she gives me alot of trouble about seeing my daughter. Pluse she threatened to shoot me in front of my daughter, ex-husban ( who is a cop) and my new husband. I mean she won't even allow my ex and I to talk to one another about our daughter. Also they allow her to go outside alone for hours while they are inside with the doors shut. I call it negelct. My ex is hardly ever at home due to his job so she is left with her step mom that doesn't even allow her to speak my name.

As for my 10 yr old her father just got a divorece and moved in with his brother who drinks and parties all the time. Not to mention it is not sutiable for a 10yr old girl to be living with 2 males that drink all the time, she is in the time of her life when she needs me. Plus she wants to live with me, not her father that cusses at her all the time.

 

[stealth2]

Both kids are too young for the judge to take their wishes into account. What proof do you have that things are the way you say? Apart from what the girls tell you?

 

[tippahgirl]

I have heard my 10yr olds father cuss her when she is on the phone with me, and I have seen her uncle drinking at his friends who live close to me. I know that she is very depressed and unhappy living with her dad.

As for the 5yr old there have been so many problems since he got married. She wouldn't let me call over to thier house and talk to my daughter, threatened to kill me if I came over there to pick my daughter up and refuses to let me talk to my ex about our daughter.

 

[ellencee]

Seems to me if the temporary custody was for you to finish school and you have finished school, then you should be able to ask for the temporary custody to be discontinued and your custody reinstated.

As they are both girls, with different fathers, I think it would be good for the court to hear the benefits of having both girls in one home with their mother, while providing visitation with their fathers on the same weekends.

I also think that presenting the benefits of the girls' being with you instead of presenting the horrors of the girls' being with their fathers would be a more advantageous approach for you to take.

 

[tippahgirl]

My 5yr old came to my house for the weekend and she had been stug form alot of bees or wasp, she was allowed to play outside alone and got into a nest. I have drove by on several occasions and watched he and her step brother who is 4 playing outside while my ex and his wife are inside with the doors shut

 

[ellencee]

My kids played outside alone as do normal children every day. One of my children was stung by wasps about 25 times and one child was bitten by a timber rattler. It would have happened if I had been standing beside each of them at the time(s) of occurrence instead of keeping an eye on them while I was in the house.

Should my kids have been taken from me?