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Any child custod experts about?

emmali, 6 September, 2009 at 18:51 Posted on Off Topic Posts 0 2

It is potentially a long story but the gist of it is, my H has a 15 yo daughter who lives with her mother. She's failing at school and, up until last week, we couldn't understand why she was so apathetic about her studies and the rest of her life. We arranged a meeting with SD, her mother and her step dad with the aim, on our side, of reaching an arrangement to try to improve her performance at school. However, her mother sat there and told H's daughter that if she doesn't want to work at school, she doesn't have to. We feel that this is at least partly to score points against H and I as we are currently "the enemy" for trying to make her do her homework and behave at school. As far as her mother is concerned, she is the only one who has any say about how her daughter is disciplined etc, even though her stepdad has been around and supporting them for over 10 years, and H pays maintenance and has been involved throughout her life.

Obviously, SD's best interests are not being served by her mother. H and I are disgusted by her attitude and now understand where the issues have been arising from. The point is, at 15, can we actually do anything to get custody of his daughter? We know that she would not choose to be with us as we would not accept her attitude or allow her the freedom she currently has. Do we have any options at all?

TIA,

Em

2 replies

Latest activity by cotteesgirl, 9 September, 2009 at 20:17
  • Lillythepink
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    Lillythepink ·
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    Sorry to say, but you have very little chance of custody - the courts try & maintain the status quo in all but the very worst cases, and at 15 her views WILL be taken very much into account.

    Your best hope is to find a way of dealing with her without alienating her.

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  • KB3
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    KB3 ·
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    Sorry to say this but agree with LTP. By the time it went through the court system SD would probably be 16 and therefore deemed an adult in the eyes of family law and could make decisions for herself, Even at 15 her views would be taken into high consideration.

    I'd advise you try and work somthing out between you all. Best of luck, teenagers are hard work!

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  • cotteesgirl
    Beginner September 2009
    cotteesgirl ·
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    Agree with previous posters..another thing to consider is cost of court cases, you are looking at £3k minimum & highly unlikely to get much out of it. If it is something which is bothering you then it maybe worth seeing an a solicitor for advice as to anything you can do, and what rights you may have where it comes to education, the advice usually works out a few hundred and then you will know exactly where you stand. The laws changed a while ago which gives parental rights to both parents, which mean that you do have a say in education etc, but it only impacts those children born from the time of the law change so your oh probably wont be eligible for this, however he can apply to have parental rights but again this is best for a solicitor to advise on. HTH, good luck.

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