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lwpat, Lawyer
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Experience:  Practicing family law attorney
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We live in tulsa, ok My husband has been paying $450 a month

Customer Question

We live in tulsa, ok My husband has been paying $450 a month for 1 child to his ex. His daughter is now 13, part of the amount was for daycare that she has not been to for atleast 6 years now. We have recently found out that His ex no longer has a job and her new husband is not working either and they are planning on moving again. In the past his ex has left the state with his daughter without informing him they were moving. Is there anything we can do if she does this again. We cannot afford a lawyer so we have been at her mercy for visitation etc. The arrangement by the courts is for every other weekend and alternating holidays. For the most part she does adhere to the visitation. If we can somehow scrape enough to get a lawyer do we stand a chance to win custody? His daughter has her own room in our home and enjoys her time with us, and would have a more stable invironment considering my husband and I both have stable work and housing history.
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
At 13 the child is old enough to testify in court and to have her preference taken into account by the judge. If she wants to stay with you and you can show that it will be in her best interests the judge is likely to award him custody. Each parent has a Constitutional right to custody so it comes down to showing what is best for the child.

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