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Old 06-17-2012, 02:09 PM
 
3 posts, read 4,022 times
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I live in nc and have custody of my 17 year old daughter and have had custody sence 2006. She is very responsible and mature. I have recently bought a truck and started driving out of town. And was letting her stay with her mother more but not all the time that I'm gone but a lot more than her normol visetation time. My ex wife which is really a control freak. Sorry no nice way to put it. Any way wants her to stay with her 100% of the time when I am out of town. Which I thought was a good idea at first. Sadly for my daughters sake it's defiantly was not a good idea. Every thing goes fairly well as long as ex is in control. But as soon as my daughter wants to go to my home to ride her horse spend the night with a life long friend that is a very good home and good people or family member her cosin from my side. Her grand parents (my mother and fother. Low and behold my fiancai of 2 years. Which my daughter is very close to and her daughter and son which will soon be her brother and sister. My daughter wants to start staying full time at our home on the farm full time. Which is in a very good aria. Legally can I let her do this. She is 17 8 months from being 18. Her and I are very close and talk daily some times for an hour or more even when I'm out of town. Her mother is threatening to go to court trying to get custody my daughter don't want this and I would never let that happen even if I have to sale this truck and start building or farming again. Not much building going on right now. Making pretty good right now and trying to get back firmly on my feet financially from a back injury. Is the reason I bought this truck. Don't like being on the road at all away fromy daughter. Just what I have to do right now. Thanks in advance for any help. I do have ligal custody.
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Old 06-17-2012, 02:42 PM
 
569 posts, read 1,980,755 times
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No one should get their legal advice from a public bulletin board, but here is my 2 cents.

I don't believe there is any specific law about leaving an older teenager alone overnight and as long as they are responsible and have nearby adults to call upon I don't see any problem at all. Your ex could go to court to try to get custody, but I have to think that if the father of a teenage girl was originally granted full custody that the court already recognized some problem with the mother. Anything can happen in court, but would think that as long as you can show that your daughter wants to stay alone when you are on the road, and you have provided for nearby responsible adults to check in on her, and you are only gone for work and not for weeks at a time a judge would understand.
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Old 06-17-2012, 04:44 PM
 
Location: under the beautiful Carolina blue
22,708 posts, read 36,909,494 times
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Not a lawyer but I think a 17 year old will have plenty of say about which parent she lives with. My friend's parents got divorced when we were 19 and her sister was 14 - sister wanted nothing to do with mom and that was that. Dad got full custody and sister saw mom when she wanted which wasn't very often.
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Old 06-17-2012, 06:19 PM
LLN
 
Location: Upstairs closet
5,265 posts, read 10,753,796 times
Reputation: 7189
I have the right to a paragtaph, or twelve!
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Old 06-17-2012, 07:34 PM
 
875 posts, read 1,164,492 times
Reputation: 1174
You and your ex-wife have to abide by whatever custody agreement is currently in place. Your divorce attorney is who you really need to talk to, but by the time this works it way through court your daughter will be 18 anyway. I believe in some circumstances minor children can petition the court to live with one parent or the other but you need to talk to an attorney about that.
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Old 06-18-2012, 04:34 PM
 
3 posts, read 4,022 times
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Thanks for the feed back. Just wanted to bounce this off of a few people just to see if I was thinking right. I do have custody of her and have had sence 2006. my attorney which did a great job for me also confirmed what I was thinking was right. She just laughed and said I worried to much. I just had some essues back home saterday night and all day Sunday with my ex. Didn't want to call my attorney on weekend. Pulling a tanker is bad enuff with out an ex wife back home having my daughter so upset and having my stomach in nots with all the threats which didn't work for her in 06. So I don't know why I let it get to me so bad yesterday but I did. I fill a lot better to day. Thanks again for the feed back. Oh and I thought this was some type of forum where people talked about laws and legal stuff. Lol sorry
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Old 06-18-2012, 04:42 PM
 
3 posts, read 4,022 times
Reputation: 10
Oh one more thing thanks so much LLN for your feed back it was really helpful. Your just full of knowledge. Wow
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Old 06-18-2012, 08:59 PM
 
4,483 posts, read 9,312,434 times
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I don't think you need to worry about your ex getting custody, but I hope that your daughter only rides her horse when someone else is nearby, in case something happens.
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Old 06-21-2012, 10:19 AM
 
1,429 posts, read 4,290,543 times
Reputation: 2049
Legally speaking you ex can file for full custody.

Logistically speaking, it would take months before it would be heard in court, then there is a mediator assigned and then if all else fails, you go in front of the judge. By that time your daughter will be 18 and legally an adult.

The only way the momma can make legal trouble immediately is to have an emergency custody hearing. This is when the child is in immediate danger or neglect. As long as there is a responsible adult in the home during the times the minor is staying in the home overnight, then it would be very difficult to file an emergency hearing.
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