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Child Custody & Support Child custody, support and visitation.

No visits, now she wants to take him?

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Old Jul 13th, 2008, 07:18 PM     #1
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Confused No visits, now she wants to take him?

My husband's ex wife is trying to get my stepson to live with her. She filed for the modification and he was served on the 20th of June. This woman has seen my stepson on two occasions. She either quit or was fired from her job about a month ago. She called Child Protective Services and falsely accused my husband of abuse and the investigator came to our house last week. My husband had to take a drug test. His ex even had the gull to accuse him of using drugs! The investigator is going to close the case as soon as the results come back. So we had to come up with 2500 to pay an attorney and for what? Is there any chance that this woman can get my stepson to live with her? Do the judges see through people like her who are only trying to get the child support reversed? What can my husband do? He has paid the attorney and she is working on getting the case transfered to our county and has sent the denial letter as well. What other measures can he take? She has not paid her half of the medical bills the entire time he has been living with us. ( Three years). She let him live with my husband immediatly after the separation. My husband told her she could have the car and the little bit of furnature they had and he just wanted the boy. She agreed. She did not even show up to court. Any advice on how we could further handle this situation?
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Old Jul 14th, 2008, 10:40 PM     #2
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Default Re: No visits, now she wants to take him?

He probably does not need to take any further action.
A change of custody can occur only if there is a demonstrate change in circumstances affecting the best interests of the child. I am assuming the mother is alleging that the father's drug use constitutes a change in circumstances. If the test return negative, then there was no change in circumstances so there should be no change in custody.
You should consider asking the court to order her to pay your attorney fees.
But it also seems like your attorney could claim that the other court has no jurisdiction, and could get the case automatically dismissed. Have you asked about this? Having it dismissed would be better than having it transferred, as the mother would need to refile in your county.
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