Reply Thu 17 Nov, 2011 08:16 am
My husband and I are married for 1 year now. He has a daughter out of wedlock. And I have two sons from my previous marriage. To make a long story short the mother is very jealous and make stories up to make trouble. In the meanwhile we heard she is hurting the children. She has other children from someone else. She and her boyfriend attacked us one day and she is keeping my husbands daughter from him. We took her to court to fight for full custody. But the magistrate did not even listen to my husband and took her side on everything. He refused to read our statement regarding our concerns for the child. He wrote a joint custody which falls in her favor. But my husband never signed. Is it still valid or what can we do. It feels like no one is listening or willing to help.
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Type: Question • Score: 4 • Views: 1,884 • Replies: 5

Reply Thu 17 Nov, 2011 08:39 am
Your husband needs a family law attorney. He should have had one when he went to court the last time. What state do you live in?
Reply Thu 17 Nov, 2011 08:57 am
Sorry but your accusations are just that. Things you believe or hear.

If you and your husband want physical custody of this child you are going to have to get a family attorney and try to prove that your home is the better place for this child to grow in. There will be investigations and visits from agencies on BOTH sides.

It is difficult to prove unworthiness on the part of a custodial mother, believe me. You have not stated any facts about the home or how the child is in danger or being neglected by the mother. You only talk about the relationship you have with her.

SOMEWHERE is it written the dates and times your husband has visistation with this child. THAT is where you should start. If he is being denied those visitation, then you might have a case, on THAT issue.

Why do you feel you have to have physical custody of this child/

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Reply Thu 17 Nov, 2011 09:42 am
Teek - I think with the mentioning of a magistrate the OP is probably outside the US. I'm gonna guess UK or Oz.
Reply Thu 17 Nov, 2011 11:06 am
We have "magistrates" here that handle some cases, with limited jurisdiction, but you may be right.
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Reply Fri 18 Nov, 2011 12:53 am
We did have a lawyer. And we state everything on paper what our conserns are. But the majestrate only listend to the mother. And did not even listend to our side. Our requiest was for child services to investigate our home and her's. But nothing happend. Our lawyer did not do his job and sat there with nothing to say. We don't know were to go from here. We did all the right things and no one care's to help. Still his little girl is living there. But we now went and ask child services to go and investigate, for the court does not care and did not read our conserns.We live in South Africa.
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