Hello, everyone. I’m in a really difficult situation and could use some advice.
About 10 years ago, my ex-husband and I went through a tough custody battle, and he ended up with full custody of our daughter. At that time, I was unable to provide for her, which is why the court made that decision. However, things have changed drastically for me, and I now feel capable and ready to be the mother she deserves.
Recently, I learned that my ex-husband is seriously ill, struggling with addiction, and unable to care for our daughter. His family has taken her in temporarily due to the unsafe living conditions. However, I’ve been told they can’t keep her for long, and I’m terrified that she might end up in the foster system.
I plan to fly down to see my daughter tomorrow, but I’m uncertain about my rights as her mother, especially since they live in a different state. Since my daughter is 14, I know she has some say in where she wants to live, but I’m concerned that I might not be able to bring her back home with me.
Does anyone have advice on how I can navigate this situation? What steps should I take when I arrive? Can I petition for custody, or will I have to go through the court system again?
You have the right to get your daughter because he can’t. Go to the county where she lives and file an emergency petition. Then, you can take her back to your state.
Talk to your daughter and the people taking care of her to make the transition easy. She needs to want to come with you. If her guardians are not in favor, you may need to go to court to get her, assuming she wants to leave with you. Try to handle it peacefully first by discussing it with your daughter and her guardians. If your daughter wants to come with you, you have a chance to gain custody, but it’s a formal process that requires approved paperwork. Be prepared for lawyers and court if they resist you taking her.
Yes, this is seen as a significant change in circumstances, so it makes sense to review the custody status. However, since she is 14, her wishes will be taken into account.
The issue is that you haven’t seen her in 10 years since the divorce. There’s likely more to the story, but a judge might not look favorably on you. Right now, your ex’s family may have a stronger position in court for custody than you do. I’m sorry if this isn’t what you wanted to hear.