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Joint Legal Custody of Child. Mother lives in a 1 room motel. Can I get physical custody until mom is stable again?
Anonymous2 views4 answers
My child's mother was evicted from her home and had our 8 yr old child lie to me about it. Mother is living in a 1 room motel with only 2 beds, coffee maker, bathroom and microwave. Mother has a son and another daughter (not mine). I am concerned about the unstable living environment of my daughter. She shouldn't be sharing a bed with anyone, unless with her mother if she is sick. Her mother has been in the motel for about 4 mos. now. I have a home that I own with my wife, and my daughter has her own room. She enjoys her time at my house. I don't want to permanently remove her from her mom, only until her mom has a stable living situation. I know my ex is not going to be happy about my request? Is there another route prior to court? She isn't willing to work with me.
Sharing a bed with someone is definitely a concern. If things are very bad, social services may have to intervene. Some people live in hotels that are set up as an apartment, but a closer look needs to be made. This may not be a stable location, especially if the mom is having the child lie about it.
Parents have a right to know where the child is residing. If the mother is telling the child to lie to you about her address, that is a huge problem.
Although there is mediation through the court, and other voluntary options, it sounds like you won't be successful negotiating with mom. You may just have to file a request for modification of child custody, especially since it sounds like you have a substantial change of circumstances to justify filing. However, consult with a local family law attorney before doing anything.
If she is unwilling to work with you, chances are you obtaining results are slim. The judge will make a determination in the best interests of the child. It will most likely be that the best interests of the child would be to have a stable home environment and your custodial arrangement will most likely increase. However, you should seek the assistance of a lawyer to determine how you want to proceed. There is a family court facilitator that may assist you in trying to settle your matters with your child's mother. I doubt that opposing party will cooperate though and that will only delay matter. When you file for a custody modification you have to show that there is a substantial change of circumstances as well, which based on these facts you may be able to show. Also, you will be required to attend mediation through Family Court Services or a similar program before the Judge can make a determination and the mediator will make a determination as to how custody should be arranged. I hope this helps. Best of luck.
The living situation is a concern, especially if the daughter is sharing a bed with someone else. However, she has been at the motel for four months and while you may not view her situation as "stable", the court may disagree. However a closer look at the living situation is warranted as it appears to be a crowded room with minimal kitchen. If there is not a refrigerator lack of food would also be something to be concerned about. I would recommend speaking with a local attorney about possibly changing custody.
You shouild let the court know about your concerns and ask for some temporary relief. If you are making a lot more money that the child's mother she may ask the court for more child support as a partial solution to her financial issues.
