Divorce Support Forums: Need Advise before I call Attorney/ DFCS

Daughter quotes:

• John Doe a friend of Step-brother’s touched her in between the legs when she did a cart wheel. She didn’t tell her dad or Step-mom cause they never believe her when it comes to Step-brother or John Doe

Unless John Doe admits he is inappropriately touching her, nothing will be done.

• Step-brother hits her all the time and calls her “[censored]” “Fag” and “Gay”

Not good, but won't change custody.

• Her Dad and Step-mom drinks corona in front of her all the time. They sometimes seem drunk

Courts will find this irrelovant. Unless it can be shown the child is in continuous danger, they courts will do nothing.

• Her dad yells at her a lot and makes her cry.

Courts will find this irrelovant.

• Her dad called her a spoiled [censored] and made her cry

Irrelovant.

• On July 4th, they had a party and everyone drank beer and wine. A woman named Jane Doe got so drunk she fell down. Daughter quotes that her daddy told her if she told about the party she would get the whipping of her life and never get to use the computer again.

Won't carry much weight in a custody case.

• On Christmas this year, Father and Step-mom’s door was left unlocked and Daughter opened the door to find them having sex. They grounded her

Not a reason to change custody.

• Step-mom made her go to school with dirty clothes because she used more than one towel in a week. Daughter is only allowed one towel per week to dry off on.

Not appropriate, but won't change custody.

• Daughter says that she let a friend write on her pants and Step-mom made her wear them to school the next day because she let her write on them. She didn’t wash them.

Again, not appropriate, but won't change custody.

• Daughter says that on October 18 , Thursday evening, that Step-mom pulled up on the computer and showed her a man named ________ on the internet that is in prison. She tells Daughter this is your mom’s boyfriend and use to be her drug dealer and she had an affair with him on your father.

This is inappropriate, and it could become court ordered for them not to bad mouth you in this way, but it won't change custody.

• Daughter says that they kept her up till 10pm past her bedtime telling her all these things about her mom.

Same answer for what they say about you, but the bedtime will be irrelovant.

• Daughter says that they told her that Her mom married a black man that was mean to her sister when they were very young.

Same answer.

• Her mom has been married 5 – 6 times.

Irrelovant.

• Her mom doesn’t have any friends cause she only look to people who can give her shelter.

Irrelovant.

• Her mom is a promise breaker.

Does't matter.

• Father (Daughter’s father quotes: The reason I married your mother is to give her a home and buy her things.

Doesn't matter.

• Daughter says that Step-mom tells her that your mom called me a [censored] to your father on the phone.

Inappropriate, but doesn't mean much.

• Daughter says that Step-mom calls people and the phone and talks really bad about mom.

If she feels this way, it should be done in private.

• Daughter says that her daddy and Step-mom talks bad about her mom all the time.

Again, it should be done in private.

I'm sorry, but I suspect you have no chance for a custody change with what you wrote. You could get it court ordered for the others not to bad mouth you in front of the child. Courts are extremely reluctant to change custody. There are many factors that go into the derminiation. Look up the "best interest of the child" doctrine, and see what your state uses for its determination. In mine, for example,there are 13, and you must prove that almost all of them are in your favor to change custody. From what you wrote, maybe 2 apply.