My husband gets summer visitatio with his 6 year old daughter for two months. We have taken her in for developmental evaluations for the past two summers because she is not acting her age. She is very anti-social, has comprehension delays, did not talk until the age of four, could not dress herself when she was five, talks to herself a lot, lies about everything, cries about everything, etc. At both evals it was recommended that she receive speech therapy and occupational therapy. We passed the information on to mom and she did nothing. The child has also seen a specialist because her feet turn in really bad when she walks. She was fitted with special insoles to wear with tennis shoes and is supposed to wear then all the time. No flip flops allowed. Well, mom sent her out to us for the summer without the insoles and nothing but flip flops! The child told us that mom doesn't make her wear them. WTF! My husband and I are very upset about this whole situation and wish there was more we can do but since we live in a different state, we aren't sure what we can do. There is also a history of molestation two years ago that mom did nothing about! We reported it and unfortunetly it was unfounded. Therapy was recommended after the incident but mom failed to do that as well. We just want what's best for my (step) daughter. She is going into firstgrade this year and I know how mean kids can be. I don't want her to be the one all the kids make fun of. Does anyone think we have a strong enough case to take to court and ask for custody? Does anyone have any insight or advice to give us? Thanks!Could these factors change custody?You probably have enough to say she's neglected by her mother if you take it to court. Your stepdaughter has health issues and her mother isn't helping with these problems and with that alone you probably have enough to get a judge to take the case. Add in your stepdaughter's developmental problems and the fact that she was denied therapy by her mother you should be able to get the custody case taken to court. With everything you've done for her you have a good chance of winning, especially if she gets along well with you and the courts see you as a good mother figure for her. My former best friend's mother lost custody of her to her father after he remarried because he could provide better care for her and her siblings.Could these factors change custody?You could take it to court saying that the mom is incapable of tending to the child's needs. If the Dr is saying something and she is ignoring it it could fall under child neglect. I recommend looking into getting more information about the law and about what all child neglect means and ways to gain custody of her. Maybe try to make an arrangement with the mother saying she can come over and visit but can no longer take the child. If she doesn't agree to it you will go to court and get full custody.Could these factors change custody?I don't have any personal advice but, you have an extremely strong case against her mother. Make sure you can prove everything you accuse her of with some sort of visual proof, saying something happened doesn't always help. Another thing is to have her father be the one to do most of the talking. As much as you may or may not like the actual mother you come across as vindictive if you say everything and your husband (the father) doesn't.Could these factors change custody?I would think so.
She needs special attention, and corrective insoles, and her mother isn't giving her any of those things. I would think a Family Court judge would rethink the original custody agreement.Could these factors change custody?Get copies of the evaluation from the psychologist and the Dr. that is treating her for the problem with her feet. Then find the number for Child Protective Services in the city she lives in and call in a report of medical neglect. Let them know that you have reports from doctors you have taken her to where you live and ask for their fax number so you can fax the reports to them. With this information they should be able to force mom to continue with this medical care.
Is this enough that you can regain custody, probably not unless mom just outright refuses and CPS steps in and takes the child.
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