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and make 50,000 a yaer and the baby momma soon to be plantiff only makes 20,000 and is 20. what do the judges look for when it comes to that

2006-07-10 13:06:16 · 23 answers · asked by cwb1333 1 in Pregnancy & Parenting Other - Pregnancy & Parenting

23 answers

First of all, you would have to prove her unfit. And the judges don't look at who makes the most money. She would have to be unstable, a drug addict, or a drunk. Going out every so often is not considered unstable, it's considered being a 20 year old. Living with her parents also does not make her unfit. This shows that she has 1-2 extra supporting roles in her home.

Your best bet is to ask for joint custody, if you can show that you are fit. And again, judges won't look at who makes more money. Take parenting classes, learn how to be a parent. Just because you don't get along with her doesn't mean that you should rip a child away from her mother, and the only home that the baby knows.

My suggestion to you is, when you ask for joint custody (if more than 36 months have passed since the last court order), also ask for joint-parenting counseling. This can be ruled by the court.

What's best for the child - is that BOTH parents try to get along. And instead of paying $10-100,000 in court costs, studies, guardian ad litem fees...

Try to get along & use that money for your child's future instead.

2006-07-10 16:30:15 · answer #1 · answered by ? 5 · 8 0

Being 25 and making 50 k a year is a great place for a father to be when paying child support, but you shouldnt be thinking of taking away this child from its mother before its even born. you obviously have something against this person. Shared custody benefits the child, but leaving a child without a mom is cruel to both the baby and mom. Judges look for the best things for a child and unless the babys mom is abusive or a proven drug addict, then you arent going to convince a judge that you are better just because of money. IF you were a good candidate for parenthood you would be actively working with this babys mother for an equitable and legal agreement abouthow you both will be handling custody and child support. Trying to impose your financial might on two people who need each other very much is messed up. check your motives dude. Besides, you might change your mind after a week of getting up 3-4 times a night with a screaming newborn. Newborns need MOTHERS!!!You may be 25, but you have some growing up to do, and men mature much more slowly than women. Why the hell are you screwing 20 year old chicks without a condom anyway? did someone hit you with a stupid stick? Good luck to your poor little unborn baby.

2006-07-10 13:25:01 · answer #2 · answered by prancingmonkey 4 · 0 0

Depends on your state, your city, and the judge you draw. Most of the time, you pretty much have to prove without a doubt that the biological mother is boiling the baby in oil twice a day to remove the child from her custody completely; however, I do know someone in Michigan who had her two kids taken by their grandmother because Child Protective Services dropped by when the mother didn't have any bread in the house.

Honestly, unless you can prove that she is unfit as a mother, you'll probably be hit for child support and get visitation instead of full custody. Though if you want to fight it, I'd look at the website for Child Protective Services in your area and see what sorts of things they look for in determining when to take a child away from its mother. I'd also see if you can find any records of child custody hearings in your area and look to see which way they fall, either towards the mother or the father, and what sorts of things decide the cases (ie, whether or not salary, age, and home ownership would swing the courts in your favor).

2006-07-10 13:18:43 · answer #3 · answered by skyfire1228 1 · 0 0

The mother rarely ever loses custody and will not simply on the basis of income. They will just look at your income and tell you how much you need to pay each month. Most judges agree a child belongs with his/her mother especially under the age of 5. In many cases fathers are not even given over night visitation with an infant especially if mom is breast feeding. If your sole reason for thinking your child belongs with you rather than his/her mother is that she is 5 years younger than you and makes less money then perhaps you need to ask yourself " Am I thinking about what is best for my child or am I thinking about what I want?" If the answer is what you want then it is time to realize that becomming a parent means putting your child's needs above your wants from now until that child is an adult. 25 isn't exactly the beat all end all age of maturity either and trying to take a baby from it's mother certainly sounds selfish and immature when the only reasons you've listed are age and income.

2006-07-10 13:17:12 · answer #4 · answered by Anonymous · 0 0

Depending on the state you live in, it might be hard. Unfortunately, many states still believe that it is in the child's best interest to remain with the mother. It all depends on how she is. Is she a good person or a terrible person and you know she will NOT be a good mother. If you know you can have a strong case, get witnesses and keep a written record of instances to back up your claim. If she constantly parties, does drugs or gets drunk get witnesses who know for a fact that she does those things. If you see her in a bad state, take pictures. Any conversation you have, record it or write down most of it. It does look good that you have your own home and make good money, but if she can support the baby and has a roof over her head, odds are the baby will stay with the mother. Good luck!

2006-07-10 13:14:30 · answer #5 · answered by Mari 1 · 0 0

For the most part unless you can prove her to be unfit or the child is in a hostile enviroment you most likely will not gain custody. Occasionally you will hear about a father winning custody with out the previous two conditions but these are rare. You may be able to split custody with the child spending part of the week with you and part of the week with the mom if you live reasonably close to one another. Income does not really come into play so much because courts generally do not want to view custody as a reflection of material possesion, and besides they figure child support is supposed to make for any financial discrepency between two seperated parents.

2006-07-10 13:15:15 · answer #6 · answered by levindis 4 · 0 0

First of all, why are you separating from the mother? If she wants her child and proves that she could take good care of her the judge will see that part, because mothers are usually given the first choice. It won't matter to the judge if you make a Million and can't take good care of your child. If you both want her, then the chances are that this is a 50/50 for both.

2006-07-10 13:15:13 · answer #7 · answered by ricardocoav 4 · 0 0

It sounds like you should have full custody, dude. You can also attack your ex's reputation by mentioning the 20Gs she makes, the fact that she's still so young and lacking in maturity (make sure it's a male judge first, and not a female judge) while also mentioning what you've accomplished so far in life with your own house, and your career. But be careful though, your ex might bring back something like you were smoking up pot by yourself that can derail your chances. Good luck, dude.

2006-07-10 13:11:39 · answer #8 · answered by Anonymous · 0 0

Almost always the child will remain with the mother. You will have to prove her unfit, and even if you do you will then have to prove she is not trying to better herself. It is sad to say but almost always impossible. It will take years and you will have to work hard and not give up. It doesn't matter how much money she makes, after all the more you make the more support you will be required to pay her.

2006-07-10 13:38:58 · answer #9 · answered by Michelle 6 · 0 0

you have to prove she is totally shitty as a mother and that you can do better otherwise you will both be awarded joint cusody which meens like every other weekend and summers and all that but if you think she will not be able to take care of the baby i suggest you go through with it but u do have to wait til its born it will be real hard to get full custody as a father without proof of neglect thats just how the world works good luck

2006-07-10 13:16:00 · answer #10 · answered by squirrellchica 3 · 0 0

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