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What are the chances of us getting custody?

106 replies

MishMooshAndMogwai · 26/01/2016 00:11

We're starting to look into seeking custody of 5yo dss. This has been building a long time and when social services got involved we were hopeful that things could progress however things have stalled with them and we feel that we should begin to take matters into our own hands.

Dss lives 100 miles away with his mother who lives a very unstable life. She has no family around her as she has driven them all away, has a history of substance abuse (evidence of which has been found in her house recently), a string of never ending abusive boyfriends and has not been in the same house for more than a few months at a time as she spends her rent money on drugs.

Dss has really been put through the mill and although emotionally he seems to have turned a corner and be improving, his education is suffering as she quite often can't be bothered to take him to school. His attendence is 60% so far this year.

That said, he is always clean and well dressed and I am told the house is spotless which is more than can be said for mine!

I am worried about the unstable nature of his life and his education and also the presence of drugs in the house.

At the moment we live in a nice 2 bedroom house but looking to move. We have 4 yo dd and 6mo dd and the children adore eachother in between the bickering!
The local school that dd attends would be brilliant for him with small classes and loads of one to one attention.
The school he goes to is good but there's only so much they can do if he isn't going!

I know that if he was here he would be so loved and supported and he could achieve so much. I hate the thought of him sitting there on his own with a pot noodle slowly turning into her while his mum screams at her new boyfriend in the kitchen.

Social services have been involved for about 2 years and have decided that despite everything (and that poor boy has seen a LOT) he has not been put at risk enough yet. Yet!

I've encouraged dp to support her but there's only so much he can do from here and she doesn't want to be helped.

I can't sit here and watch a lovely boy be ignored and ruined by a mother who can't/won't look after him.

So if we went for custody now, what would our chances be? I'm not hopeful but we need to try.

OP posts:
MishMooshAndMogwai · 28/01/2016 16:50

It may be the first compulsory term but it's also the whole year so far and his whole experience in year 1. He's already behind because he missed so much of reception so he really can't afford to miss any more.

Dd has already over taken him in phonics, writing and maths and she's in her first term of reception. I know it's unfair to compare children, especially when one of them is a summer born boy, but who ever you're comparing (if there is no SEN) then that shouldn't be happening.

Everything else aside, she is hindering and damaging him and it's unfair. He's already at a disadvantage so why should she be allowed to get away with holding him back even more??

I should clarify that she's had a longstanding issue with the problems she is displaying now but at the time of him moving she had had a good 6 months+ of being a normal, stable human being. He wouldn't have moved if there was an issue or any danger to dss.

OP posts:
Fourormore · 28/01/2016 16:52

I don't think the phonics thing is that uncommon. My eldest has constantly had a reading age 4 years above his real age. I'd be wary of including that in any sort of argument for changing where he lives.

MishMooshAndMogwai · 28/01/2016 16:55

No, I won't mention that. It's irrelevant to the argument really, just sparked a worry when dp saw the difference in homework at the weekend.

OP posts:
Duckdeamon · 28/01/2016 16:57

Your DP needs legal advice and good evidence of the problems you're alleging. It's not great that he moved 100 miles away.

SuburbanRhonda · 28/01/2016 17:47

I kind of agree with duck. It could look like he didn't prioritise his DS.

Fourormore · 28/01/2016 17:55

Moving away hasn't been an issue in my experience.

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