Question by A: Legal Advice (Family Law/Child Custody)?
Some background: I currently live in Monongalia County, West Virginia. I moved here from Preston County to be closer to opportunities such as higher education. I got accepted to college to become a medical assistant, and basically, I just want to make a better life for myself and my 5 year old daughter. Preston County is an opportunitiless wasteland full of generational poverty and drug addiction. My daughter’s biological father is not mentally capable of caring for her (even for a short period) on his own, so his parents always took my daughter to their house for weekends (sometimes a full week at a time during summer) so they could all spend time with her. Eventually, his parents started doing things like taking my daughter to doctors without my consent or knowledge, cutting off all of her hair, and just not wanting to bring her back to me when I wanted her back. They also repeatedly called Child Protective Services on me. None of their accusations were ever founded. For the longest time, however, I just dealt with all of it. I’m too nice, and they walked all over me. Then, the very last time she stayed with them, she came home and told me that their adopted son, 7, tries to touch her where she pees and tries to make her touch him where he pees. That, I absolutely could not let fly, so I made up every excuse I could think of not to let them take her because I didn’t want to seem like the bad guy. I knew they wouldn’t believe what she’d said about their adopted son (he’s the golden child in their eyes), and therefore, would do nothing to keep my daughter safe. Then, the opportunity arose for my fiance and I to move to where we live now. We are buying our own home, I am in college, and my daughter is in one of the best schools in the state.
Shortly after moving here, I start getting texts and phone calls from my daughter’s paternal grandparents demanding that I let them come pick her up. My fear was that since there was no legal custody agreement, they would just decide not to bring her back, and then I’d have to wait until we went to court to see my daughter again. I told them no, then, I went and filed for custody. Still, being the nice girl, my intention was just to get a custody plan ironed out. I wasn’t going to try to keep anyone from my daughter, I just didn’t want her left alone with the adopted son, I didn’t want them taking her to the doctor or cutting her hair, and I wanted to make sure they brought her back when I wanted her back. Well. . .after I filed and the papers were served, I recieved a “Motion to Transfer Venue to the Court of Preston County”, and a “Motion to Intervene”. My ex’s parents stated that he was mentally incapable of caring for our daughter, but that THEY want FULL custody of my daughter based on the grounds that I’m an unfit mother. And they apparently have witnesses willing to trash me in court. They also want the case moved to Preston County on the grounds that my daughter grew up there and has no connection to the county we live in now. They also lied and said that THEY had custody of my daughter from the time of her birth until I ran off to another county with her less than 60 days ago. Then, they contradicted themselves in the same statment by saying they repeatedly called CPS on me. Anyway. . .    Read more...