My daughters father has sole physical custody and I have joint legal. He lives in Michigan and I moved to TN a couple years ago. He blocked my number so I cant call her, they either don't give her my letter or her stepmother makes her throw them away. I've asked them to let her live with me but they told me I was on crack (just making a nasty comment because im not) and it would never happen. I even asked if I got all the child support paid up if she could live with me. They emotionally abuse her, they say things like I don't love her I don't want her and that I care more about my dog then her. They say she can leave but she cant take anything with her. shes scared of them Stephanie more so. Huge downside for me is I don't have a job so I am unable to pay child support but I do buy her clothes and whatever they say she needs. The presents I buy I have to send to her grandmas because her step-mom will throw them away. I bought my daughter a kindle fire for Christmas and my mom had to tell Stephanie (her step-mom) that she bought it because Stephanie said she couldn't have it since I bought it. Please help me shes not happy there. I need advice on how to get them to abide by the court order and how to get more time or change custody. would her testimony count? My daughter is 11 and she could talk to the Judge and tell him or her why she wants to live with me.
Answer
The easy answer is to file a motion for change of custody due to abuse (alienating a child from the other parent is abuse). However, you did not state why he has sole physical custody, why the child was allowed to move to another state in the first place, etc. That information would definitely influence the course of action that should be taken.
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