How can my mother get sole custody? ?
So, my mom filed for divorce in March 2018 and when they went to court in May 2018, they gave the house(which my mom put all her money in) to my dad and the judge said that she would be the one to move out. Ever since the judge gave custody to my dad, me and my siblings and my mom have been suffering for 2 years now. My mom has decided to go back to court to fight for sole custody but how can it be 100% sure that she will be granted sole custody? My dad doesn't hit us but me and my siblings HATE living with him. He throws stuff at us, he calls us filthy animals and dirty, etc. I'm 17, my brothers are 14 and 9 and my sister is 12 and we live in Texas. Me and my siblings are always crying because we want to be with Mom but he won't let us. I'm worried because everyone supports my dad and I don't know why. He does have a lawyer and my mom is looking for one too. I do have videos of him telling us hurtful things and pictures of his alcohol bottles. He gets violent too when he drinks and I told cps that but they said that there's nothing they can do. My mom put a motion for the judge to talk to us but they never called us in and the final divorce hearing was in January 2019. What can my mom do to be sure that she'll get 100% sole custody so we can finally be happy? Can the judge consider our wishes?
- martyLv 71 month agoFavorite Answer
You personally write a letter to the judge letting the court know your wishes. You and your brother are old enough that a judge will respect your wishes. Write the letter and have all siblings sign it, then give it to your mom so she can give it to her attorney. GOOD LUCK!
- ChanelLv 61 month ago
I agree with the answer that you write a letter to the court saying you want to live with your mother cos your dad is abusive. They should take your feelings into account.
- Ace ShortyLv 71 month ago
I think if you go to court your mother would get custody of you and your brothers and sister and probably get the house too. Why did your father get custody of you, the mother usually gets that.
- Alan HLv 71 month ago
Your wishes should be considered
But it may be that joint custody is the best outcome: a compromise that leaves less sense of loss and victory for either side.
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- TjLv 71 month ago
At 17 the judge must listen to you and see all of your evidence., Keep records of all cps calls and visits. roof will be on your side.
- JanetLv 71 month ago
There is no guarantee. The Law respects the right of BOTH parents to have access to their children.
You need impartial witnesses who can corroborate your accusations against your father. Way too many people make false accusations to the Court and the Court does not look kindly on accusations where there are no witness and no proof.
But often, if the children are old enough, the Courts consider where the children want to live
I have no idea what your mom hopes to accomplish. She will get child support, but that only pays HALF of what it costs.
Your mother MUST hire a lawyer. Judges get impatient with people who try to represent themselves and don't know what matters and what doesn't to the judge. There is an old saying, "He who represents himself in Court has a fool for his lawyer". She could lose the case simply by NOT having a lawyer.