Does my ex-husband really have a chance of being awarded full custody?

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Does my ex-husband really have a chance of being awarded full custody?

My ex-husband filed a motion to modify custody 4 years ago and let it sit in the courts until 4 months ago when he filed another response to reactivate the motion. Our daughters are now 9 and 11 and in my care for 8 years. Our 11 year old wrote a statement saying that she wants to live with her dad while in his care. Our 9 year old only wants to be able to see her dad more. She also has type 1 diabetes and due to lack of medical care and monitoring while in my ex’s care she has almost died twice. My ex is currently 29 months behind in child support and a motion has been filed for contempt.

Asked on March 14, 2012 under Family Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Courts determine child custody issues on a case by case basis and "in the best interests of the child."  Children over a certain age are given a voice but the weight of the statement depends on the circumstances under which is was given- was it coerced?- nd the reasons behind it.  Your 11 year old borders the age that courts will hear a child.  The maturity of the child will be determined first.  Your statements about the lack of attention to your younger daughter's medical condition are alarming and I think pertinent to a hearing.  Get legal help.  Good luck.   


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