TL;DR: Husband has partial custody (he is not primary) of 15yo daughter who is having serious issues. SD and her mom (who has primary custody) do not get along at all and it is only making everything worse. I'm wanting to know if my husband has any options to get SD out of her mom's house, at least temporarily. SD's mom is completely against it.
My husband (DH) and his ex-wife (BM) have split custody of their 15yo daughter (SD). They also have two sons but both are over 18 now.
BM has always been primary and DH has expanded standard - every Thursday and every other weekend during the school year. During the summer it is every other weekend and two 2-week periods. When they first went to court for custody during their divorce, BM was against DH having any custody at all. She did not want him to even get every other weekend unless he agreed to take on all of their marriage debt in the divorce (over $30k). This was the only way she would agree to expanded standard without more litigation. About 6+ years ago, DH filed for additional custody so he could take the kids to school on Monday after his weekends and pick them up from school on Fridays instead of from BM's house at 5pm. It wasn't much extra time, but it was worth it.
BM has always been difficult to co-parent with and has always tried to take as much of DH's time with the kids away from him as possible. Between scheduling her family's events and school events (she is a teacher and coach at SD's school), and encouraging the kids to see their friends on DH's weekends, it has been a struggle to see them over the years. This got worse as the kids got older and three years ago DH and I sold our farm and moved to BM's neighborhood so we could see the kids more. BM still makes it difficult, but being down the street from her house has helped in some ways.
BM and SD have always had a strained relationship. They are very different people and SD feels BM does not understand her. This has lead to a lot of fights between them over the years. SD calls me crying regularly, telling me about the fights they have gotten into. I have always tried to play Switzerland, and give SD a safe space to vent, while reminding her that BM loves her and wants what is best for her, even if it doesn't seem like it (and even if I don't really believe it myself). SD has said that she wants to live with DH and I, but BM won't allow it and won't even entertain the thought of SD spending more time here.
1.5 years ago, SD and BM were fighting non-stop, so DH and I spoke with a lawyer about getting 50/50 or primary. The lawyer said even with SD being willing to talk to the judge and all of the "evidence" we had, the chances of a judge changing the custody agreement were very slim and it "never happens in Texas". He convinced us that it was not worth the time and money to try.
SD was given an unrestricted iPhone when she was 11 and has had access to Instagram and SnapChat for years, long before DH and I thought she was emotionally mature enough. BM controls all of that but has never learned how to use parental controls, so SD ends up with unrestricted access to everything and no oversight by BM. We have asked BM to go through her phone multiple times, but she wouldn't. Since about December, DH and I noticed a significant change in SD. Things she used to care about deeply no longer mattered, she started dressing differently, and she was consumed by social media. SD cancelled plans she made with us, that she would have normally really looked forward to, avoiding coming to our house, and wouldn't respond to texts or phone calls for days, if at all.
Once school got out, BM let SD go feral. We have access to her location and noticed she was going to places she shouldn't be at, like her high school late at night, or riding in cars at 2am when she was supposed to be at BMs. She was spending the night at a different' friend's house every night, multiple nights in a row and some of them we had never heard of or met. SD's location would be turned off, suspiciously always between 11pm and 5am, and when we questioned SD, she said her phone died or she thought there was something wrong with the app. We told BM about our concerns and she blew it off stating "I know all of the kids she hangs out with because I'm a teacher at their school. They're good kids.", but we had a feeling SD was getting into trouble.
About 4 weeks into summer break, one of SD's friend's mom's reached out to me on Facebook. She had gone through her daughter's phone and found that her daughter and SD had been sneaking out and drinking. We confronted SD, she denied participating even though her friend's mom had evidence of SD partaking. DH and I did not believe SD, but BM did, so no consequences happened and she continued with her freedom. When SD was with us (which was rare during this time), we didn't allow her to go anywhere. About a week later, BM found a vape in SD's room. SD denied that it was hers and again, BM believed her.We found out later that it did belong to SD.
SD stayed with us for Father's Day/her birthday weekend and went back to her mom's that Sunday night (SD's birthday). At 2am the following morning, BM got a call from the police. SD and one of her friends were picked up with two boys after sneaking out and getting pulled over for suspicious behavior. This prompted BM to FINALLY go through SD's phone and what we found was insane. SD had been sneaking out of her mom's house for MONTHS. She would have classmates and random people she met online pick her up so she could go drink, use drugs, have sex, etc. Many of her girlfriends were in on it too and they snuck out from BMs house together multiple times.
We all confronted SD and she still wouldn't admit to everything. BM had to go out of town for a few days and I was given SD's cell phone to go through and manage. I uncovered even more from her SnapChat than what BM had already found in her texts and Instagram messages. SD is now on lockdown. DH and I got her a Pinwheel phone that we control and she is only allowed to text us and three friends that did not partake in any of this behavior. SD continues to show no remorse for the things she did and is only upset that she got caught. SD now sees a therapist once a week (changing to 2x a week now because she needs it) but I think she needs to be evaluated for ADHD and some other things, but BM won't allow it. She doesn't "believe" in ADHD or medication.
BM will not let SD spend any time at our house except for every other weekend even though BM and SD are fighting constantly. SD has started lashing out even more, hitting walls, screaming and sobbing constantly, this information has been provided to us by her 18 year old brother who keeps staying at our house because of the drama at BM's. Obviously, SD is a mess and needs actual help, but BM will not let us or her therapist do anything.
At this point I think it is in both of their best interests for SD to live with me and my husband. She has never snuck out of our house (she can't, we have always had a security system and her bedroom is on the second floor), and we are willing to put in the effort to get her better through any means necessary. SD also does not push the boundaries with us like she does with BM, probably because she SD knows we will stand by our word and there are consequences at our house. BM will not even consider letting SD stay here. BM has admitted that she doesn't know what to do with SD but she will not give up the control and let us help.