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Custodial Parent in Jail - Need advise

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Old 01-19-2008, 01:40 PM     #1
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Confused Custodial Parent in Jail - Need advise

My ex-wife and I have joint custody with generous visitation. Since I moved out-of-state and remarried, her and her mother deny me phone contact and visitation (even when I'm in town) with our 11 year old daughter. My daughter and ex-wife live with my ex-wife's mother (childs grandmother). Last June, I hired an attorney to propose an out-of-state visitation and phone contact agreement. She still refused visitation and we filed a motion. Only after filing the motion did she agree to visitation for one week in July and the child had to call home several times a day.

A few months went by. Again, I was unable to contact my daughter via telephone nor had my ex-wife agreed to my visitation proposal. We filed another motion. Again, she agreed to 6 days after Christmas. This time the child appeared to be withdrawn. She didn't talk much about her mother nor did she call home several times a day.

After some research, I found that my ex-wife was arrested and currently n the local detention awaiting her next court date for violating probation. It appears she has one closed case, two re-opened cases and a new case resulting in her last arrest in September for methamphetamines, amphetamines, marijuana and grand larceny.. She has not been brought up on new charges yet for this last arrest. According to the court documents she failed many drug tests and was in jail last March as well. Her current sentence for both open cases state that she will be in prison for a minimum of 35 months to 96 months or 8 years.

Immediately upon learning of the arrest, I’ve since filed for child custody and have tried to contact my daughter. Her grandmother yelled that she doesn’t want to talk to me and I will let her tell you herself.
The grandmother has been raising my child without my knowledge of these events.

My hearing is next week. I only want what is best for our daughter and to give her a stable home. What are my chances of winning custody? Is my daughter going to hate me?
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