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want to move closer to family with child.

 
 
mike000
 
Reply Fri 3 Jan, 2014 04:32 am
I'm 36 and I have been taking care of and been the primary caretaker of my 6 year old girl for the last 3 years. Back story..2010 me and her mother split up. Her mom got involved with speed as she had prior history of it before we were together. Aug 2011 I took my daughter from her due to her drug use and the people she would hang out with. 2 weeks later ex gets arrested for selling speed in what was a high profile drug and motorcycle gang case. She was sentenced to 16 months prison. When she got out she begged me for another chance and wanted her family back. I took her back and let her move in with me and our daughter. 3 months later I found her smoking speed again, I then kicked her out and kept my daughter living with me. She later got arrested for bugulary and was and still to this day smoking speed. She now has a warrant for violating probation and not turning self in for weekend jail time. Dec 2013 I finally decided to bar her from my house till she cleans up and takes care of her warrant. I was letting her come to my house every other weekend to see her child but all she would do is sleep and ignore her, was probably coming down off of drugs. I am disable and on ssi have been for years. I get no child support, mother is on drugs, in and out of jail, constantly steals from stores even if child is with her when we go to store with her, has warrants for arrest, homeless, jobless. Not once did I get a court order for full custody as she has no known address or place to live and when in jail have no money for someone to serve her as I live in different county and sheriffs do go to a different county to serve her. My question what chance do I have to go to court and get full custody of child and move to another state where her aunt and uncle and all my family lives. Ex has family here but had nothing to do with ex and they fear if me and my daughter is at their house ex will just show up. I want to move out of state to where I have a good support system and some help with my child and real family interaction not just here and don't care. Once again we were never mmarried, she just excepts the fact that I won't let her and daughter alone ever and I have raised her myself for the last 3 years. Thank you.
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Type: Question • Score: 3 • Views: 1,413 • Replies: 2
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jespah
 
  2  
Reply Fri 3 Jan, 2014 08:52 am
@mike000,
This is a question for an attorney to answer, as s/he will get all of the facts from you and be able to research the law, etc.

I will tell you, though, that since you've been the primary caretaker for half of the child's life, particularly without financial support from a mother with a criminal record, it's looking awfully good for you.

But do talk to a lawyer, and find out what your options are, what the possible snags will be, etc.
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PUNKEY
 
  1  
Reply Fri 3 Jan, 2014 10:08 am
@mike000,
Do you have LEGAL custody of this child? (or was this just an agreement between the two of you?)

With that kind of background about ex, there should be no problem.

Are you in the US? Simply petition the court for a custody hearing and let the chips fall. With her warrants, etc, I doubt if she would fight anything.
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