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Question: Divorce, Marriage, Alimony - Washington

Asked on 10/29/2009
How hard is it for my X Wife to get custudy of my daughter from me?
I have had custudy for 3 years now. My X wife slapped my daughter in the face and left bruses that lasted 1 1/2 weeks. CPS found her guilty of child abuse and she is trying to get her visitation back now. If she trys for Custudy what chances does she have?

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Answers (2):

B. B., Member in Good Standing of the New Jersey Bar


If there has been no visitation for three years, there is no way that she will get custody right now.  It simply isn't going to happen, unless you are doing something monstrous to the child.

It's possible that she could get some visitation, to try and re-establish a relationship with your daughter.  It is a parent's right, ordinarily;  I suspect that CPS will have something to say about this, one way or the other, and that will probably carry a lot of weight with the court.  Courts don't like changing custody, because they understand that it's stressful for the child, even when it is actually necessary.



  • Answered on 10/30/2009
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She will not receive custody, unless there are real problems with your daughter in your care.  However, since the court is in favor of parents being reunited with kids, if she takes the steps that a court may lay out for d. v. treatment, the court may start a reunification process that may result in a more standardized visitation schedule.      



  • Answered on 10/30/2009
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