Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I am a divorced mom. My ex got custody of my girls now 13, and 11. I pay support to them. I haven’t seen my girls in several months as my ex wont let me see them as I am suppose to. I miss them bad. I cry all the time,
and am very stressed. My ex has informed me that he wants my girls to now to go live with his oldest daughter. She has even called to badger me about it. She too now wont let me talk to my girls or see them. I am just
sick about this. There will probably be court for this…don’t know for sure. Will I get called in? Is my signature required for my girls to go live elsewhere? Can I refuse this? Can I somehow get at least joint custody of my girls? Any input appreciated. I am in Steuben County, NY in case you need to know.’Without knowing the circumstances leading up to why your ex has custody, it is difficult to know what you should do. However, generally speaking, biological parents are almost always preferred by the courts as the place for children to live. This means that absent extenuating circumstances, a court should be inclined to have your daughters live with you in preference to your ex-husband’s oldest daughter. In addition, if your court orders state that you are to have time with your daughters, and your ex-husband and/or his daughter is thwarting your being able to see them during your court-ordered time, then they are in violation of the court order.
Question: In any case, it seems as if you will have to go back to court to assert your rights as their mother.
