Education and Counseling for Individuals Affected by Oppositional Defiant Disorder and ADHD

Search This Site

Can he just take her away or what?

Hi Mark,

I had a meeting with ex re: finances, but he wont pay anything. He has a new girlfriend who lives in NSW and says L___ will not stay at her high school the whole way through. I want her to. He doesn't know where he will live. Where does that leave me? It actually affected my work today. I think I need some legal advice on that matter. Can he just take her away or what? I am overeating and over-sleeping now. I believe L___ would take us to court if she could or would know about it. She has been okay during holidays.



Hi J.,

I’m not sure what the laws are on this matter in your area. In my state, either parent (or both) can get custody. If the parents agree between themselves on custody, they can avoid a long and expensive court case. But if they can't agree, the judge will hear both sides and decide what's best for the child, not the parents. The judge will consider many factors such as:

  • Which parent has been the children’s primary caregiver
  • Emotional ties of the children to parents and other family members
  • Attitude of the parents towards the child
  • Whether one parent has abused the other (the law assumes that it is not best for the child to be in the custody of a parent who has abused the other parent)
  • Whether one parent is more likely to help the other parent keep a close relationship with the children (the judge won’t consider this if one parent shows that the other parent has been abusive and that a continuing relationship with the children would be dangerous for either the parent or the children)
  • Any criminal record of the parents
  • The parents' emotional stability
  • Home environment
  • The child's age, sex, and health
  • Whom the child wishes to be with (if the child is old enough to make a good decision)

Judges will often award permanent legal custody to the parent who has had physical custody of the child. Judges do not like to change the living situation of a child who is doing well.


No comments:


Parenting Rebellious Teens

One day you wake up and find that life has changed forever. Instead of greeting you with a hug, your little boy rolls his eyes when you say "good morning" and shouts, "You're ruining my life!" You may think you've stepped into the Twilight Zone, but you've actually been thrust into your son's teen years.

During adolescence, teens start to break away from parents and become "their own person." Some talk back, ignore rules and slack off at school. Others may sneak out or break curfew. Still others experiment with alcohol, tobacco or drugs. So how can you tell the difference between normal teen rebellion versus dangerous behavior? And what's the best way for a parent to respond?

Click here for full article...

Oppositional Defiant Disorder (ODD)

Many families of defiant children live in a home that has become a battleground. In the beginning, the daily struggles can be expected. After all, we knew that problems would occur. Initially, stress can be so subtle that we lose sight of a war, which others do not realize is occurring. We honestly believe that we can work through the problems.

Outbursts, rages, and strife become a way of life (an emotionally unhealthy way of life). We set aside our own needs and focus on the needs of our children. But what does it cost us?

Click here for the full article...

The Strong-Willed Out-of-Control Teen

The standard disciplinary techniques that are recommended for “typical” teenagers do not take into account the many issues facing teens with serious behavioral problems. Disrespect, anger, violent rages, self-injury, running away from home, school failure, hanging-out with the wrong crowd, drug abuse, theft, and legal problems are just some of the behaviors that parents of defiant teens will have to learn to control.

Click here for the full article...

Online Parenting Coach - Syndicated Content