how do you fight for custody of your child when you don't have the funds and he does?

Question

we already have joint custody but he has a new girlfriend that has talked him into fighting for sole custody just to stir things up.Any legal advise would be appreciated.

Answer 1

If you atleast have a job and home you should be good
why can't you share...
talk to him about it and tell him to stop following that woman and make up his own mind
he must be whipped

Answer 2

I just went thru this a year ago. First and foremost, they will not give him sole custody unless he can prove you are a unfit mother. You can ask for a court appointed lawyer and one will be given to you. What we did was go thru mediation and try and work things out so everyone is happy. Here is how it goes. The two of you will be at the mediators office and they put you in 2 different rooms. If you have a lawyer bring him also. The m.j. ( mediating judge ) will first talk with you and see what you want and how you feel about things. Then they go and talk to your ex and see what he wants. The m.j. will go back and forth and they will also suggest things to keep everyone happy. I live in Texas and just went thru this with my ex wife. I have sole custody but I have had it since the begining because I could prove she was unfit. When the abuse started on my child I tried to have her parental rights terminated but they would not do it even tho they said I had the right to do it because she did not pay child support, didnt see the child for months at a time and then started locking her in the house alone when she did have her for a visit at the age of 4. There was A LOT more abuse and the courts still would not terminate her parental rights. They said my child was to young. So i guess I will have to wait till she is older and just make sure I protect her. But if she did all this and still has rights you should have no problem keeping joint custody. If you and your ex are on decent speaking terms ask him what this is all about. I cant believe he is letting his girlfriend do this unless she is like my ex and is not doing it because she loves or even likes your child but because she knows it would hurt you and she is jealous of you. Stand up to your ex and be STRONG !!! Talk to your Attorney Generals office and they can refer you to free or low cost legal aid. GOOD LUCK AND KEEP THE FAITH !!

Answer 3

I don't have any legal advice as I am not an attorney. I can say that many states, hopefully yours, will not give sole custody just because it is wanted. Most of the time the parent requesting sole custody has to prove the other parent unfit. I would check to see if there are any low income attorneys or take out a loan. Or represent yourself. that would obviously be a last ditch effort on your part. A lot of attorneys will also have a free 30 min consultation where you could ask questions and such. Good luck I have been through this myself, only my first attorney was so infatuated with my ex it was like she was working for him not me! Needless to say I fired her.

Answer 4

You don't need a lawyer to win custody

You can go online to many sites for free counciling from lawyers. Just as your going thru the hearings and such just keep asking for advice to different lawyer to help you along. its cheap and its real talk.

I don't believe you will loose joint custody if you fight your fight and haven't done anything dramatic that would cause a judge to believe you are an unfit mother

In any state the best place is with the mother unless the mother is unfit

Stay strong and just fight your fight one step at a time

Answer 5

KEEP A DETAILED JOURNAL. A lot of the other answers offer good advice. Check to see is there is a legal clinic that is operated through your local courthouse. There is legal aid available for low-income households, the bar association can guide you to specific attorneys who specialize in low-income cases. Go to the courthouse and a get a complete copy of your file. You should be able to file for a fee-waiver based on your income and then you don't have to pay for the copy of your case. Take yourself to your local law library. Start researching the cases that have been cited in your case. Research the custody laws in your state. Find out what is needed to seek sole-custody and do everything in your power to ensure that you meet the guildelines for joint-custody. Make sure your home is safe. Make sure the people around you and your child are upright and safe. Don't do anything that can prove you are an "unfit' parent. Look-up the definition of 'unfit' parent in your state under the custody laws to make sure you do not fall under any of those circumstances. Keep a log of all phone calls that you make regarding your child and a brief description of the call. Keep all reciepts that are for your childs health and wellbeing, including clothes. Keep a log of who drives and picks up your child and note the date and time agreed and time actually arrived. Keep in regular contact with your child when they are with their dad. DO NOT bad mouth the dad or girlfriend to your child. DO NOT interfere with your childs relationship with their dad, if there is an ordered visit, follow the order. You do not want to be held in contempt of court. Keep copy's of anything you send to your ex. MAKE SURE YOU ANSWER any legal documents. (meaning, if you recieve a petition, call the courthouse and find out from a clerk what your legal rights are for filing an answer to the petition) The judge will read your answer before your courtdate. Find out from the clerk at the courthouse what you can file, example petitions, answers, oppositions, declarations etc.

Answer 6

Have faith in the system. He can pay out a ton of money but the fact is that if your a good parent the courts aren't going to change anything. In fact if he has so much extra money to go to court just because then maybe you should be requesting more child support.

Answer 7

You did not give the name of the state in which you reside. Laws of custody vary from state to state. As for his girlfriend, what does she declare are her fellings for your child? Are there any monies exchanged? Please contact an attorney in your state for a free consult and keep the faith! I wish that my Mother would have!

Answer 8

In most jurisdictions, he will need to show that you are endangering, neglecting, or abusing the child.

Don't be surprised if that's the road they take on you. You might try your local free legal aid clinic.

Good luck!

Answer 9

Speak to your local Bar Assoc. they can help you...most lawyers will see you for 15min to 1hr for the first time for free. See if there isn't someone in your church that can help. Many firms have aid for cituations like yours.