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Custody was shared but dad was always primary caregiver (mom works days & dad works overnights).
Mom took daughter out of dad's care in May, moved 25 minutes further away (they were already living about 20 minutes apart), put her in a day care without his consent and filed for custody. Dad cross-petitioned for custody 2mo. later. Mom allowed almost no contact between dad and child until temp. court order was issued. Mom has a criminal record w/separate arrests, a few years ago for menacing & dom. violence. Mom has claimed in writing that her live-in boyfriend bruises her. (I think abuse goes both ways) CPS investigated home but report was unfounded. Child, 5yrs, told law guardian she wants to live w/mother. Dad wants custody & child out of that home/situation & visitation for mom.Mother also has moved three times in under three years. There were also some prior medical neglect issues by mother, which were recently uncovered. He would gladly agree to joint legal but definitely wants physical custody of his daughter (and he would still agree to give mother child support, so this isn't about him getting/saving money) and awarding mother visitation. He would like to proceed with a hearing but is being told by his lawyer that he will likely lose because the mother has had physical custody the last few months, she has been "behaving", has not violated temp order, and the daughter (who is 5) said she wants to live with her mother. How could the courts and law guardian completely overlook the history here? As soon as the mother is no longer under the watchful eye of everyone and the court case is closed, the mother will go back to her old antics.
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