Joined: This month
Posts: 614
Agreed
6/6/2022 at 10:45 AM
If you truly believe your daughter is at risk and she would be better with you OR with a 50/50 custody schedule (children have the right to spend equal time with both parents, assuming they are not being abused), and if you've spoken to her mother about it and she refuses to work with your daughter/you, then you need to find a lawyer to find out what your options are. If your ex is the type to put her need for control/chaos/drama/revenge ahead of your daughter's needs, then you likely won't get results until you see a judge. And that can be a long drawn out process that will not be cheap. Our custody battle took 5 years, and cost us $10,000 and the law has changed since then - the process is now more organized, but it is more difficult to get to a judge.
Plus, our lawyer told us that a judge will only take the child's opinion into consideration as a last resort - courts DO NOT want to involve children in their own custody battle. So even if you get to the top, the judge might not let your daughter have a say. However, the judge may see that your daughter needs a 50/50 custody schedule without needing to speak to her.
What you can do immediately though is to start documenting everything. Everything your daughter says happens at her mom's, everything she is feeling, everything you do with her on your days, every conversation you have with her mom. Document the good and the bad. Take screen shots of text messages, do whatever it takes to prove that you are trying to do what's best for your daughter.