Very very tough periods, including when ex dh had her convinced that I had done things I hadn’t and that I was the problem (in contrast, I never ever bad mouthed my ex). I would not wish court on any child, and I’d think long and hard about anyone who gives advice to run and involve your family in the court system. Once you’re in, it can drag on |
Please. This is a great place to ask. An attorney doesn’t know. They handle paperwork, collect their fees and then move on. A psych might know only slightly more. |
This. This is the secret to how I ended up with full physical custody. I offered 50/50 and then made it very easy for DH to cancel -- never complained, just took the kids. I did every doctor's appointment, day off school, etc. He travelled for work a few times a year for 2-6 weeks. I'm sure he told himself and other people that he travelled too much for work to have custody of the kids. I never told him he was a bad dad for not spending time with his kids. As long as he looked good in front of others, that's all he cared about. All those people who say you "can't get child support" are wrong. My DH earned more than me, so I got child support that reflected a 50/50 split in time with a difference in incomes. I chose not to go to court to show legalize the de facto full custody and did not ask for commensurate increase in CS. That would have pissed him off. |
I don’t totally disagree with you, but you’re not seeing it through a real life lens… there is a strong presumption of equal parenting time being ‘in the best interests’ of kids in today’s family courts. Yes, there is a standard for a custody change but a ‘substantial change’ is pretty much at a judges discretion. And many judges and Gal etc think it’s best for everyone to get equal time… even if there are parenting imperfections, and trust me, even if OP thinks she’s the far better parent, a good lawyer can come up with something she did wrong, even if it’s just that dd prefers her too much and therefore must be ‘gate keeping’ |
Ok but Child support is determined by state, and the calculations depend on that states laws. Do you happen to live in NY? |
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OP - it is hard and even a very mature 14.5 year old will have little say in making a choice if parent in a court custody situation. And Dd was advised that it could be turned around on her.
Number one you need to get your own therapist to get professional help in getting yourself on firm ground. Then you will be able to get sound advice on how to help DD through the coming phases of life with an unbalanced dad, Get your DD a therapist as this will be her outlet as she matures and recognizes what her Dad is doing is not OK. It would be a professional who has a relationship with DD. ItIs much easier for a teen to just be out and involved in her own life and limiting time either dear dad than for a child if 10. I believe your EX travels a lot do have it written in ad noted that you have right if first refusal to have DD at your place. BUT zi would also add that it will not change your regular custody time. A schedule if 2-2-5 has worked well or as well as one could expect DD had noted exactly how much time she had to put up with his behavior. She will be a clear no more time at age 18 unless he has a sudden recognition of his mental illness. You are correct that you must be neutral on dad, unless you have a good reason for safety such as one asking “ to sign and notarize a foreign trip with no dates, itinerary etc, supplied?? “ You can over time acknowledge how DD feels or responds as valid as situations unfold. It is a process,but if you have an unbalanced SIL, you backup the hard decisions your DD makes for her child or children given the usual 59/50 decisions today. |
| One addition a lawyer working for DD suggested asking if the 14 could share her thoughts with both parent’s attorney alone in confidence so they would have a common understanding of her wishes in terms of time spent on the idea that perhaps there could be more cooperation on seeing how her voice could be considered. It was a long shot she had seen used, but a solid no go. It was attempted so our daughter could say later to DD she had tried her best. GAL can be a big risk and any court very traumatic. Snd you need hard evidence. |
Dp. Smart people on this board. Op, take whatever your lawyer says with a grain of salt. And get a second opinion. |
Thanks to all with the good advice here. I’m so frustrated with the advice of attorneys. At this point I have 3 consultations complete and all have very different approaches. None of them feel right to me so I guess I have to keep looking. I’m naive but I thought the legal side of things would be straightforward and rational and getting myself to take action would be the hardest part. It’s been the opposite. I have two friends I’ve confided in who know DD. I feel embarrassed but relieved for them to know what we’re dealing with. I wish I could have something settled before school starts but I’m afraid that it is going to be at least a few months of uncertainty the way things are panning out. This is sucky. |
| I'm sorry op, but glad you confided in friends and consulted attorneys. |
Do you documented the abuse. The only way you will get full custody is proof and having your daughter lie to destroy her relationship. Do you think that’s healthy for her? |
I didn't say I am trying to get full custody nor having her lie. I'm not sure where you got that from. I'm just trying to understand how to best keep her safe in the future knowing that without documented physical abuse it will probably just be a basic 50/50 settlement. |
| Eventually she will refuse to go to your ex on her own if she does not feel safe or supported there. Hopefully at that point your ex will not force the issue. |
You have to have the abuse documented. Doctors, therapist or police reports. Just leave and take her with you. |
Dp Op, this is crazy advice and it seems like this poster is projecting her trauma on your situation. Unless it’s very extreme, no one will bat an eye at ‘verbal or emotional abuse’ in the court system, so you are much better served at trying to find a way to want your ex to have less time with dd. I posted above, but again my suggestion is to build a life as independent as dh as possible, especially for dd, and ride it out a little longer. By 16, courts typically won’t force a kid to go to a parents house (unless they can show you’ve ‘alienated’ them so be careful). Your best bet is to not rush, but prepare. |