QUESTION
Can I keep my daughter full time if the other parent gave her up for 6 months?
Asked on Aug 23rd, 2011 on Child Custody - Georgia
More details to this question:
We have a court order of 50%/50% custody of my 14 year old step-daughter. We moved 55 miles from her mother 1 1/2 yrs. ago and did not inform the court. We drove her to school on our days. However, she came to live with us full time and transferred to a school 6 months ago. (Her mother said it was fine if that is what she wanted. Living with her mother was too chaotic because they all argued too much. Step-father was demeaning towards her. My step-daughter could never do anything right in his eyes. The last straw came when step father pushed her and forced the door shut to her room so she couldn't get out. The mother blamed all her marital problems on my step daughter.) Now she has started high school and she hates it. She went crying to her mother that she wants to go back. My husband is allowing it because he feels there is no other choice. I don't think that environment is healthy for her. Do we stand a chance at keeping her full time?
12 ANSWERS
Roianne Houlton Conner
The Court Order really needs to be modified to be legally binding.
Answered on Jun 11th, 2013 at 1:50 AM
Steven D. Dunnings
Probably not since your husband never filed a petition to change custody when the child came to live with you full time.
Answered on Aug 25th, 2011 at 12:40 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Yes. Remember the primary concern is what is in the child's best interest and not rubber-stamping what the children want.
Answered on Aug 25th, 2011 at 12:18 PM
Patricia C. Van Haren
Your husband may petition the court for a custody evaluation or minor's counsel. However the court will take into account the daughter's struggles with her school. There are many factors considering in determining what is in the best interests of a child. For a 14 year old, the social issues would be a consideration. However if there are factors which make the mother's home unsafe those can be discovered through minor's counsel or a custody evaluation.
Answered on Aug 25th, 2011 at 11:56 AM
Contracts & Agreements Attorney serving Chantilly, VA
Partner at
Raheen Law Group, P.C.
In Virginia, courts consider various factors to determine what is in the best interest of the minor child. In this situation, it appears that the court would accept a motion based on changed circumstances and consider what has transpired and how it has affected the minor child.
Answered on Aug 25th, 2011 at 11:55 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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There is always a chance if living with you the majority of the time is in the child's best interest. You may need to file a petition to relocate and/or modify the current order, especially being as you have indicated that you moved more than 50 miles. You should immediately consult with an attorney in order to best determine your potential rights and options.
Answered on Aug 25th, 2011 at 8:32 AM
Gary Moore
You stand a good chance. Call me to discuss the situation.
Answered on Aug 25th, 2011 at 5:13 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You have a basis to modify the parenting plan based on the fact she was integrated into your home with the consent of the other parent. You should file a petition to modify the parenting plan.
Answered on Aug 25th, 2011 at 5:13 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your question can't be answered. The parents have ignored a court order for sometime, but that order continues to apply until the court changes it. Whether the current facts and circumstances will convince the judge to modify the previous order isn't something that be easily predicted without a lot more information. The parent needs to consult an attorney about the procedures and expectations involved in seeking modification.
Answered on Aug 24th, 2011 at 8:53 PM
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You have had her full time, there is a reasonable chance you can keep her full time. The reasonable desire of the child is only one of many factors the court uses to determine what is in the child's best interest. If Dad really wants to put on this fight, I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 24th, 2011 at 8:51 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You probably have grounds to petition the court for modification of your parenting plan. The other parent would still be entitled to reasonable visitation.
Answered on Aug 24th, 2011 at 8:19 PM
Glen Edward Ashman
No one can give you odds, but if you want to seek a change of custody, you need a good lawyer to go to court. Bear in mind that here in Georgia a 14 year old can express a choice, so the case is weak unless the child is agreeable.
Answered on Aug 24th, 2011 at 8:06 PM