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Question: Right now my real mom has joint physical custody of me but I have lived with my father and stepmom for the last 13 months. I am afraid my real mom will change her mind and not let me live with my dad anymore and I do not want that to happen. My real mom is not able to support me the way my dad can and my stepmom and dad spend more time with me. My real mom does drugs and I do not like to go over there. Is there any way the courts would let me live with my dad always and not have to worry my real mom will tell me I have to come back and live with her? I want to live with my dad please help.
Answer: If your mother has joint physical custody of you she can exercise that right and have you live with her part of the time. The only way to change that is for your father to go to court and request full physical custody. Your mom would still likely get weekends or some sort of visitation (possibly even supervised if she fails the drug test) schedule because she has the right to be a part of your life. If you mom is doing drugs and you can prove this to the court (have you seen her do the drugs? Would she fail a drug test?) your father can petition the court for an emergency custody hearing where they would most likely award him full custody. Your father should speak with an attorney to determine the best method of going about this.
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On 09/13/07
sarah from CO said:
OMG!! this happened to me too! My mom and stepdad were emotionally abusing me so i moved to my dads because him and my stepmom were the parents who really cared bout me, but my mom kept getting the child support and refused to help take care of me and it took us a long time to get the money back from her. My mom kept threatening to make me come back and it scared me really bad!! Good luck!!
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