How do i get sole custody for my daughter?

Question

I've taken care of my daughter since she was born she is now 8 months and her dad barely started paying child support, he's never even seen her cause he dined her till we had a paternaty test done. Me and my daughter have been threaten by his g/f numerous times and that why i want sole custody.

Answer 1

#1 Act like a grown-up. When the court sees that you are doing better than your partner, they will grant you the custody. Example: Have a nice home/apartment, have a means of transportation, a full-time career, go to school to better your education, pay outstanding tickets or hotchecks. When you come off as a really good citizen, they will see that and grant you custody.
#2 Even if you have been involved in drugs prior, make sure you kick the habit quick and to prove it, do a drug test urinalysys and take the results with you to court to prove that you are clean. ALSO, don't buy liqour or beer, that might be used against you by saying that you are an alcoholic, etc....
Prove these things and there's a pretty sure bet that they will be granting you sole custody.

Answer 2

That's a question for your lawyer. Rules vary from state to state. Note that sole custody does NOT prevent the other parent from having a right to regular visitation. All it does is dictate who can decide legal matters such as school enrollment, medical treatment and such. It most cases it is best that those matters be kept joint, for the safety of your daughter.

I have sole physical custody (meaning the kids live with me) and joint legal. I had an ugly divorce but the custody issue has not been a problem.

You won't be able to stop his visitation, unless you have documented PROOF that he is a danger to her, and even then, they'll let him see her with conditions such as supervision or required parenting classes.

The courts get VERY angry with parents that try to block or harm the relationship between the child and the other parent. If you insist on trying to do that, you run a very real risk of losing custody of her to him.

It is also important for her welfare that you NOT badmouth dad, any new women, etc. If he's a jerk, she'll figure that out in time (my girls sure did and now they won't see him...they are older teens). Resist the urge to do this even if he does it. Just take the high road and ignore it.

IF he's a hazzard to your child, or playing games with you, keep a LOG book of everything. Dates, times, witnesses, etc. Record what was said and done. List any missed visitations. If you can, take a friend or witness with you to any child exchanges. A video camera and/or cell phone that can record both video and sound are great for proving, or disproving abuse claims.

And remember, no matter how angry you may be with him, your choices at this point are supposed to be about your daughter and what is best for her, so even if he's not the kind of parent you'd like him to be (and at this point you cannot control how he chooses to parent her), unless he is a genuine danger to her health, you need to back off. Otherwise you will spend thousands of dollars to fight him, may end up losing her, AND you will really damage your child.

Kids in custody battles get hurt very, very badly. In the end, she may also blame you when she gets older so tread this area very cautiously.

Some counties or states have clinics to help with these matters without an attorney, and many require mediation between the parents. The mediator will then recommend a custody and visitation schedule to the courts. If this is the case where you live, you may be able to get at least that far without a lawyer. Otherwise a custody battle could cost you $30K or more.

Answer 3

Sorry. i wrote this reply for someone else but it may be pertinent to your question.

Depending on the state. A child may or may not be able to sue his her parents for emancipation. The next question would be this: who will be awarded guardianship? A 13 yr old may be able to seek eman. but it isnt really eman. The child is seeking to chose a different guardian. Usually this is an issue when a parent has been granted custodial guardianship; but the child prefers the other parent, etc.

Check your state laws on child guard. (usually states post these laws on websites to help people who may not be able to hire an attorney- damn internet and public access to info. I might as well quit my job and seek some other field of work that prevents citizens from freeing themselves with knowledge. This is just a side comment- if u do not know the rules to the game, u cannot play to win).

Digression, Sorry!-

In GA, a 14 yr old has the absolute decision which guardian they chose. However, the child must sue the custodial parent- form are usually online (just change the name, etc, file them in family crt, serve that parent etc-seems intimidating but really isnt), but for a 13 yr old, the court will listen to the child's preference and may or may not grant it. usually there is no problem here unless the child's preference is determined to be unfit-abusive parent, drug use, neglect- u know all the things that realy mess up a child's mental health. (difficult to prove without specific and/or documented evidence).

Lastly, if the child is a minor say 9 or 10, the court may or may not listen to the child's preference at all and the reason for it. The court will make its own determination.

Not sexist, etc here, but unless the mother is found unfit or the child's environment is not positively conducive, the mother will more likely than not be granted custudial guard. with the father or petitioner granted reasonable visitation. Move to GA when the child turns 14. This is an absolute choice for said child unless as mentioned before the petitioning guardian is found unfit.

Disclaimer (This is not legal advice but merely information that is public. Seek professional legal council in your home jurisdiction). Mike

Answer 4

Speak with an attorney. Sorry for the short answer but it's the best I got.

Denying, terminating custody is a huge deal and one the courts frown on without just cause so get a good attorney and let him advise you.

Answer 5

You can't, She has to go to court and get custody of whatever it is she wants. You can't do it FOR her.

Oh, do you mean..."How do I get sole custody OF my daughter?"

Again, you'ld have to contact a lawyer. They would probably need to find out why and what reason this would be necessary. You'd have to show cause.

Answer 6

You have to go through the courts in your county and it all depends o the laws, whether or not you're an unwed mother or divorced etc. Too many variables to say exactly how to do it. It can be done on your own but if you have a father that isn't going to agree, you're best to hire an attorney

Answer 7

you hire an attorney, get a custody agreement, it will be totally up to the judge on the custody agreement, child support, and visitation.

Answer 8

In most states the sad truth is you have to prove him as an unfit parent.

Answer 9

Find a good lawyer, and remmeber that no matter how bad the situation is it could always be worse. j/k

Answer 10

depends on if you deserve it
and if you can prove to the court that the other parent is unfit