My daughter's father and I just recently split up. I'm just wondering what are the differences between sole custody with one parent having visitation and joint custody where one parent gets the same amount of visitation or time with the child? Also can the parent seeking custody get a state lawyer or only the one being taken to court? My daughter will be 3 in September. I have been the main provider for her. Her father only took care of her while I worked but had no job for 21 months out of the 30 months we were together. He has no place of his own and I'm in my own place, working full time, and going to college. Is there a better chance that I can get sole custody rather than joint because of this?
2006-06-19 14:31:26 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I make roughly $1400 a month and and about $1106 goes to bills not including gas for my car to get to work and take her to daycare. So an attorney is not in my budget which is why I asked about a state attorney. I live in Oklahoma.
2006-06-19 14:46:20 · update #1
I know that most courts side with the mother in custody battles....good luck!
2006-06-19 14:37:29 · answer #1 · answered by Addison 1 · 0⤊ 0⤋
In PA Sole custody would be that you don't want him to see her at all or have anything to do with her. You would have a very very tough case to prove that he shouldn't have anything to do with her.
It doesn't have to be Joint Custody either. You could agree on certain days. The norm is usually every other weekend, one week a night.
Its easy to say that chances are good that you will remain your daughters primary care giver (provided she is with you already) but you never know what a judge will say. I was always told that it is easier to come up with some kind of agreement before going to court. that way the Judge doesn't have to pick.
As far as the lawyer goes, I think the only free or cheap counsel you can get is legal aid. They are the equivalent to the state lawyer. Again, at least in Pennsylvania they are.
Lastly, it doesn't necessarily matter where the parents live as long as they can prove that the child can be taken care of. It does sound like you have better arrangements though and that can be beneficial to your case.
Good luck. I know this is a HARD HARD road!!! I have been there and am (cross your fingers) over most of the hurdles, but my kids are only 7 and I still have a long way to go.
2006-06-19 21:47:06 · answer #2 · answered by snshnbtrflis 3 · 0⤊ 0⤋
Get urself an Attorney, and fight for ur daughter, show just cause that you are more stable than he is. Also get him for child support make him pay for her, One who has Sole custody and the other has visitation rights, make sure it is done so that there is a public place for exchange of child, and once you have court papers, every time he violates it with resonable time frame, not just 30-45 mins late, file a report with the police for interferance with Child custody, when he is hours late or not there to take child as deemed in the court papers. You need to make sure you have a copy with you anytime you have issues that arise with him, top show you have either the joint or sole custody, Law enforcement won't do anything until you show them papers..
2006-06-19 21:41:41 · answer #3 · answered by back2skewl 5 · 0⤊ 0⤋
Sole custody is when one parent has all the say and the other parent only gets visitation.
Joint custody is when both parents share custody and decisions.In some cases one parent has child during the week and other parent on weekends.Usually it depends upon age of child.
As for getting state help for an attorney, I think each state is different.I know in Mass. when my ex and I were going through our divorce,we had joint custody.He stole my son even though I had physical custody and I had to fight to get him back.The state did give me a lawyer and I eventually won sole,legal,physical custody.My ex has no say on anything,I make all the decisions.
2006-06-19 21:42:12 · answer #4 · answered by vze4h35z@verizon.net 3 · 0⤊ 0⤋
Everything you said is moot.
the fact is, you are a female,and even though you should get a lawyer,(which can be provided for by legal aid as well as other agencies) the courts are still very biased towrds women in these situations.
2006-07-01 12:26:59 · answer #5 · answered by scary g 3 · 0⤊ 0⤋
I don't really know the answer, but I really hope that you get your child's sole custody.
2006-06-19 21:36:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
soul custody is when one parent has al the rigth to say for that kid and joint is when both have the right to say abuot the kid
2006-06-30 07:22:18 · answer #7 · answered by rcoffutt 2 · 0⤊ 0⤋
check with yor local health and human rescource and/or child protective services
2006-06-29 10:14:38 · answer #8 · answered by Anonymous · 0⤊ 0⤋