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can my 12 year old really be taken away from me by my ex, even though he is a 2 time convicted felon?

my ex husband has decided to put in my 12 year old head that she needs to come stay with him one week and with me one week. i have custody now bc he has been locked up for 7 years for meth. he has only been out for 60 days , and is on an ankle monitor. he has paid no child support what so ever!. i am on probation for a small charge that occurred over 3 years ago, but i will have no record when i finish in 2 years! we also have a 10 year old together that he doesnt want to come. i do not feel that it isin their best interest to split our household up nor divide it. we attend therapy together, church, aa meetings and have been a thriving family until now (in his eyes). i am very upset bc my children are my life. i have raised them this whole time. what should i do?

11 Answers

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  • 1 decade ago
    Favorite Answer

    Sounds to me that he is trying to get one of the daughters to live with him so he don't have to pay child support. I doubt that any court is going to award him custody of your children, however, the problem is that at age 12, they can decide for themselves.

    You should talk to your daughter about the possible reasons he wants her to live with him without talking about him like he is bad, remember he is her father.

    Sometimes people do change, but what benefit would it be for the daughter to live with this guy?

    I see no benefit for her, if you are a family that functions, why would she want to go with a father that is dysfunctional.

  • 1 decade ago

    It always depends on what the conviction is. If both times he was convicted is for drugs as harsh as meth, I don't think the courts will give him custody of the child(ren). He may even be stripped of his visitation, or it may be that he has to have supervised visitation. He has horrible plans for that 12 year old, from what it sounds like, and that's not good. The courts would probably ask him why he wants the 12 year old but not the 10 year old. That sounds really fishy to me. Besides, if he has been locked up for 7 years, he doesn't really know his children, and 60 days is NOT enough time to get to know them either. I wish you so much luck with your case. Be prepared to hold on for a really long ride though, because I have a feeling this is gonna be very stressful for you and the children, and this man sounds like he is gonna give you a lot of hell.

  • Anonymous
    1 decade ago

    and holding the children away from their father is just wrong.

    in my eyes.

    i grew up with out a dad i met him when I was 17 we are best of friends now and mommy is a tad jealous. I love them both.

    But why make your child go through that. for the life of me i can't relate.. Maybe because I grew up with out a dad.

    our life was good but i always wondered What is my dad like. why wasn't he around etc.

    but i guess because you raised them this whole time your children should be deprived of a father.

    their real father because he is so bad and stuff shows on his record. but it don't show on yours so you must be a good girl just because your charge didn't show on your record.

    I'm not trying to be mean but from a child stand you need to remove all selfisheness of (i raised them) and really thing about the children.

    Sounds to me your hcildren are not being taken away from you. Just shared with their father.

    Who knows maybe the kids will help him recover..

  • Anonymous
    1 decade ago

    There's no way he could unless you were a drugged up prostitute living in a motel....that's how bad it would have to be. Go to court and they'll laugh him out of the courtroom. Unless he had a few million before jail, there's no way he could have the time or resources for that being out so soon.

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  • 1 decade ago

    Time to go see a good attorney.

    And work on collecting child support from him.

  • Rose
    Lv 7
    1 decade ago

    If your Ex takes you to court, then you can counter-sue him for child support.

  • 1 decade ago

    There isn't a shot in hell he will get custody. Let him try, the judge will laugh in his face.

  • Anonymous
    1 decade ago

    Sounds to me like you need an attorney!

  • 1 decade ago

    get a laywer fast

  • Anonymous
    1 decade ago

    Just be yourself. It doesn't matter if it's good enough for someone else.

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