Recourse After A Custody Hearing and Change of Custody

My question involves a child custody case from the State of: Florida

About a year ago my husband filed to change a few things on his final judgement, he had majority visitation because the mother never showed up to court the first time. He had an agreement with one of her family member to alternate the child everyday but once he was expecting another child he felt that the child should grow up with their sibling and it would be more stable for the child. (Previously the child would go back and forth from aunt and gma and the biomom would see her once in awhile) I have been involve with the child for half of the child's life. The child calls me mom( on their own, I never ask them to). There is more but i'm just trying to give you an idea. Okay, so the biomom's family member obtained an awesome lawyer and he was able to turn everything around and got the biomom full custody and child support. Her family lied on the stand and the judge believed them and when we tried to object ( paid the 1500 for the transcript) they didn't even read the objections and still sided with the mother.(Who was being evicted and now lives with her mother). What can we do? Her and her family are acting like they are the "top dogs". The reason why they won was because my husband changed the school without asking the biomom( his previous lawyer said he could) and took his child to a new dr(because him and his ex owned the old dr money). My husband did not know he was doing anything wrong. What do we do? We just want everything to be fair and the child to be able to grow up with their sibling. This decision not only effected one child it effected two!!!

There's more to this story than you're saying - a judge isn't going to modify custody for the two reasons stated.

This is dad's battle, not yours.

Your child's relationship with his/her half-sibling won't be taken into account by the court. The court is only interested in the best interests of your husband's child with his ex.

Mom's eviction is irrelevant. The child has a stable home.

Was dad awarded formal visitation through the court? If not, he needs to file for visitation and ensure that the visitation order addresses times and days for visitation to occur.

Don't say "biomom." There is only one mom. And you are not it. My guess is that may have been a big part of why he lost in court. Dad's actions seem to demonstrate that he did not care about mom's relationship with child. He made important decisions about the child's life without her and allowed the child to call a legal stranger "mom."

Just because you gave birth to a child does not make you a mother.

I'm regretting this thread because obviously I did not explain the situation properly.

I was asking for help, not judgement.

Nor does temporarily living with relatives take away your motherhood. Nor does having your ex's new wife having a child mean you lose rights to your own.

You are so very right.

So I guess you can abandon your child and leave them with their father and your family members to raise. Then suddenly decide to come back makes it okay?

Please do not reply unless you have something helpful. I'm not looking for a fight and I obviously did not explain my situation to the full extent! I was trying to be broad about it.

Translation: Don't give me legal truths. Don't respond to my post unless you're going to tell me what I want to hear.

Doesn't work that way, Muffin. It's going to take a heck of a lot more than you've got before any judge is going to remove a parent's rights to her child.

Oh, so you do agree? A mother can abandon her child and then come back when she feels like it?

I'm not calling you names, I would appreciate it if you didn't call me names. Thanks!

I only want helpful replies!!

Quote:

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Quoting angrystepmom

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Just because you gave birth to a child does not make you a mother.

I'm regretting this thread because obviously I did not explain the situation properly.

I was asking for help, not judgement.

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What you don't realize is this: if dad goes into court saying he wants his kids to be raised together, the court isn't going to care. He made two kids with two women and wanting his kids to live together is not a valid reason to award him custody.

If dad goes into court saying the child calls you mom, the judge will get pissed off.

If dad goes into court talking about Mom's eviction? Same reaction.

Courts look at the best interests of the child in all custody and visitation matters. What you think is in the child's best interest doesn't count. When determining BIOTC, one of the factors they examine is which parent is most likely to foster a loving, caring relationship with the other parent. If one parent has custody and is undermining the parent/child relationship, the court won't hesitate to change custody.

You may think that you're being judged here, but it's nothing compared to how a judge will react if your ex raises the arguments before the court that you have raised here.

We are not trying to take away anyone's rights!!! We just want the child to see both families equal. Like before!!

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I honestly left A LOT of things out. We just want everything to be fair.

I'm guessing all of your child have same parents?

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My husband always gave her the child when wanted. He was tired of her bouncing from house to house. No one is trying to take the mother's rights away.