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tomturkey

tomturkey

Brain (6,477)

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Submitted 23 days ago...

tscrktcs

tscrktcs

Beginner (10)

My 11 year old step daughter wants to live with my husband and I can she choose in Georgia?

My 11 year old step daughter wants to live with my husband and I. Her mom and dad have joint custody 50 - 50. My husband talk to his ex wife telling her that she prefer to live with him and asked her if she would allow her to live with us. Mom freaked out and said no. The reason she wants to live with us is because she is able to act 11 while at our house Thursday-Sunday . Her only worries at our home is doing her homework, chores & bathing daily. She said at home she has same chores but also has a lot of responsibility of her 10 year old brother and 2 year old sister. She said she sets her alarm every morning and gets her and her brother off to school while her mom stays in bed asleep. Mom has also been through a lot of men in the past 6 years. She claims her mom smokes pot in the bedroom with her boy friend that she has moved into the home 7 months ago. He has been recently released from prison on drug charges about a 1 year and 5 months ago. He is very quite and has not even spoke to us so we really don’t even know his character. He does not have a job and has not had one since he has lived with her. His daughter does not like him but yet she says he’s not mean to her she just says he’s weird and she don’t like him. Proving she is on drugs is very hard basically her word against ours. Will the judge allow her to make her choice of where she wants to leave. Do you think the judge would feel this is enough left unknown at her moms house to consider her wishes to live

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Answer 1 / 3 - Submitted 23 days ago...

tomturkey

tomturkey

Brain (6,477)

Well lets put it this way, if you can afford an attorny and have any proof of the boyfriend doing drugs, or the boyfriend or mom is harming the child, then yes the court could give primary custody of the childto the father. your right the child is far to young to be having that responiabitly having to get the child off to school and the baby taken care of. The law states if the non-custodial parent can prove that thier child(ren) are in danger by living with the custodial parent then the judge can modifly the orignal order giving the non-custodial parent custody.

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Answer 2 / 3 - Submitted 23 days ago...

tscrktcs

tscrktcs

Beginner (10)

We feel like is way past enough but my husband said we have no real proof. We both work full time jobs and have been employed at the same place for 5 years. Were married and have a nice and clean home. I have 3 children from a previous marriage that we have full custody of that live here full time. We do NO drugs nor drink. But he is the man in the picture and you know how hard it is to prove the mother unfit. She keeps cliaming the child is acting out and she is just being honest. This is moms way of covering her self.. Please give advice….

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Answer 3 / 3 - Submitted 21 days ago...

tomturkey

tomturkey

Brain (6,477)

I wish that I could give you an easy answer for this promblem , but your husband is right as I stated before you need some documentaion to show the court that the child is in danger or harms way by being with the custodial parent. All I can sujest to you is to keep close tabs on the situration and to keep a diary and to report anything that you see like bruises, any form of neglect and call the CPS(child protective services) they will check out any alagations that you report and if they find anything that concerns them then you will have a reason to file the motion with the court. This is sad but in most cases without the help of CPS or a complaint that is filed with the police that a charge has been filed, theres not alot you can do. If anything changes just keep in touch so we can help you if we can.

 

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Comment 1 / 2 - Submitted 18 days ago...

tscrktcs

tscrktcs

Beginner (10)

Tomturkey,

how do we go about getting a court order for a drug test? Can we ask for a hair follicle drug test? I called a drug testing company and they said they could test her and show what kind of drugs were in her for the last 6 months. But how do we do it? Since his daughter is 12 and if the mother comes back positive will he automatically be awarded custody. The boyfriend living in her home has prison records for 3 different dug charges and was released in 2007. Meth , marijuana and counterfeit medication. The mother was not with him at the time but now this convict has landed in the home with the kids.


This answer was edited by a moderator 17 days ago.

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Comment 2 / 2 - Submitted 18 days ago...

tscrktcs

tscrktcs

Beginner (10)

How do we go about getting a court order for a drug test? Can we ask for a hair follicle drug test? I called a drug testing company and they said they could test her and show what kind of drugs were in her for the last 6 months. But how do we do it? Since his daughter is 12 and if the mother comes back positive will he automatically be awarded custody. The boyfriend living in her home has prison records for 3 different dug charges and was released in 2007. Meth , marijuana and counterfeit medication. The mother was not with him at the time but now this convict has landed in the home with the kids. terrynsabrinayahoocom if you are unable to commit here. I need your advice….

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