Can a judge give a father full custody?

Question

I live in up state ny and i took my ex-boyfriend to family court my ex- told the judge that he was gonna get full custody . Would a judge let him have full custody ? I have a legal aid lawyer now another thing how good are these legal aid lawyers will they help me get full custody of my daughter ? if there is anyone out there that is living in hell like i am please give me some answers please don't scare me i'm already scared to death

Answer 1

A judge can grant full custody to the father. If there is ANY way to hire a very good lawyer you should.

Answer 2

As a member of a family filled with attorneys, and of a child who went through a situation as such I will tell you that, yes, a judge can do that. However, usually in order for the judge to do so, the mother had to have shown instances of neglect and where the father did not. Also, if the father is able to provide for the children better than the mother the judge may side with the father, but not award full custody. Unless you were not a good mother, or your ex-boyfriend is an attorney and has a good attorney you should not lose visitation rights, if the judge awards him custody. You should still be entitled to a weeknight and everyother weekend. Some attorneys do legal aide because they care about people. However, some do legal aide, because they just aren't really that good and could not get clients and establish a practice without it. You should not worry too much, you can always appeal the judges ruling. Also, be honest and show the judge charactor, and for the time being worry about being the best mother you can.

Answer 3

Yes he can but statistics show that the mother is granted custody more so then the father, you dont always need a good job or car but it is very helpful in this process, if you can prove that you are equally fit as him to be the custodial parent then you should win hands down but a real lawyer is the best way to go, pay for a decent lawyer and go to court they will state a better case for you most legal aids are just what the title says aid.... and will see that you are treated fair but not have the skills to get what you want or should have, you know if both of you are good people and hold good jobs and are found to have decent morals then the judge will grant joint custody and that will save the heart ache.....

Answer 4

Yes, a judge can give a father full custody. But as long as the mother is not abusive and has the kids then chances are pretty slim. The only way a woman can lose custody is if a) she gives up her rights, b) she's physically abusive to the child and there is a record of it, c) the child is a teen and wants to live with the father, d) she is a drug addict or alcoholic, e) she doesn't go to the court hearings, f) the children have been living with the father. I'm sure there are some other reasons but the courts like to rule in favor of the woman.

Answer 5

I was in a situation opposit of you. My boyfriend at the time had a 2 year old son and the mother did things to the child (assaulted) and the courts did give him full custudy and now it is 4 years later and he still has custudy. Unless you are an unfit mother the courts will not take the child from you unless you do something stupid and drastic like she did. He will probably get visitation but just follow the court order and avoid conflict to put yourself in a bad situation with the courts. We are married now and still have his son and she is still fighting us but what she did was drastic and the courts do not feel it to be safe for the child. Always remember this the courts always use this expression "The courts look out for the best interest of the child" and you should do the same. Don't let him scare you unless you have reason to be scared and I don't believe you do. I have been dealing with the family courts down to trials and custudy so I know quite a bit. Good luck you will be fine it's only threats don't act on them.
Lorie

Answer 6

First just because an attorney is from legal aide doesn't mean they won't fight for their clients because no matter how they get paid they hate to loose. As far as your daughter is concerned it is hard for a father to get custody of a child unless the mother is proven to be unfit and in order for him to do that he will have to have a lot of facts from people especially social services. In most cases if both parents want full custody the attorneys will try to settle for joint custody. A judge can give either parent custody of the child but only does so after he takes into careful consideration of what would be best for the child and as far as your ex he can tell the judge whatever he wants but it isn't his decision and if he acts like a jerk it is better for you when he finally makes the jusdge mad

Answer 7

The judge's job is to decide in the best interest of the child. When your ex told the judge he wanted full custody, it was no different to the judge than you telling him the same. Neither of you is considering the child, who needs both parents. Why not consider joint custody so that your child has a well-rounded upbringing? Why restrict the child from it's father OR mother?

IF there's reasonable cause to remove the child from your custody, the judge certainly can do so. It's not likely though...unless you have some real serious issues against you.

Good luck to you AND to your ex in doing what's best for the child.

Answer 8

Unless you are an unfit mother, there is no way a judge will grant your ex full custody of the child.

I have been through a divorce, I have had legal aid, and the ones I had were pretty good. But, I had no problems with my divorce so it wasn't a tough job on my lawyers.

Try not to worry too much, like I said, if you are a good mother, not a drug addict or abusive, the judge will not grant full custody to your ex.

Good Luck

p.s. what does a car have to do with anything? lol I don't drive, and I have my children. I also don't work, but I provide for my children everything they need and more...

Answer 9

Generally, the mother is almost always named by the court to have full custody of her children, but in certain cases, the judge can give that right to the father, if the evidence presented show that the father is the better parent than the mother.

Answer 10

As I understand it, now days, at least in most states, the philosophy of the state is to allow a joint-custody arrangement with one, or even both parents, as managing custodians of the child, as the situation allows. Ordinarily this is believed to serve the best interests of the child. However, if one or both of the natural parents are deemed to be pose a threat or considered harmful to the well-being and/or development of the child, it is likely the court will award sole custody to the parent most fit to serve the interests of the child. If both parents are deemed harmful to, or pose a significant threat to the well-being of the child, the state may find it necessary to award the child to the nearest relative willing to assume care for the child, or a foster home, etc.

I believe you will feel much better if you status these questions with your legal aid attorney and commit to a similar philosophy of doing what is best for the child. It really doesn't matter what caliber of attorney you have if you are falling apart in the courtroom......I would try to maintain your composure, calm, and clarity of mind for yourself and your child/children. If the judge, and your attorney understand that you are in this entirely for what is best your child, all will go much better when you go to court.

P.s. I've been through this to........Keep your head....this is going to be a process over time, so don't react to every hypothetical, every set-back, or dissapointment......Keep your head and make sure you are the best parent you can be. Being a bad parent is the one thing that will ruin your relationship with your child/children.