How do you get a divorce and have the father get custody of the child?

Question

i live in oregon and my father and stepmother desprately need a divorce but my father wont do it because he knows she will get my half brother and take him to ether california or mexico and theres a hight likelyhood that he may never get to see my brother ever again. so how could me get custody of my brother and still have my stepmother have visiting rights.

Answer 1

Honestly, he needs to prove to the court that he is better suited to take care of your half brother. Unfortunately, women almost always have the "Status Quo" working for them. If you think that there is a chance that your stepmom will take him away, then it would be wise to speak to a lawyer, and see what they think will be a good choice.

I'm a woman, btw, my family is going through a similar situation. My half sister lives with her mom (who lives fairly close to him) but she drinks terribly, and drives with my lil sis in the car, we've taken my sis's statements to the court, but until we can prove that she is drinking when she's been court ordered not to, my father only gets to see her every other weekend.

My heart goes out to you, and your father. I wish you all the success in the world!!!

Answer 2

Dispite what human beings think of, courts actual do no longer choose mum and dad yet attempt to chop up custody time the two between the two events. the project is, there's a extra physically powerful possibilities of mothers who combat to have custody then fathers. I actual have been with the aid of custody battles and court structures a lot of cases, and this is predicated entirely on how/who the mum and dad are. If a dad is working 5 days a week, courts would experience he's extra effective off in basic terms having the youngsters on his day without work. some fathers are granted joint custody as a results of fact they're scuffling with for his or her young ones in simple terms as the two as a results of fact the mothers. Many dad's do no longer even situation scuffling with, that's the place our "deadbeat dads" come into the photograph. those are the fathers who do no longer even take place to court (which quickly the decide will do away together with his rights for doing so), or fathers who're deemed no longer worth to look after a new child (drug abuse, negelect, abandonment, extreme criminal record, and so on.) there's a distinctive rationalization why fathers are/are not granted custody, so attempting to narrow it down would be perplexing. Summing it as much as a proportion does not incredibly clarify why many fathers are not aside of their childrens lives.

Answer 3

sad to say thats up to the court they both will present there cases and the judge will decide who the child will be best with if your father has the best financial picture and no kind of bad record he stands pretty good. but most of the time its not enough he would also have to prove her unfit. its hard as a man to win a custody battle because most courts always lean toward the mom
good luck

Answer 4

once the divorce papers are filed, I don't think she can leave without approval of the court and not with your half-brother. This would be akin to kidnapping. There are laws in place throughout the us for this situation. Otherwise, it willl need to be spelled out the divorce papers.

Answer 5

I don't know the circumstances and it sounds like a pretty big mess. However, most of the courts have become unfairly biased in favor of women and the rights of men are routinely violated.

Answer 6

you need to prove him non fit as a parent to have your mother get full custody and he can as well your brother if at least.13. years old choose which parent he wants to live with this is law in all states based on fact,, ref,, legal asst. . my opion?

Answer 7

you need to prove your the better parent ? but if that don't work you need to tell the judge your concerns

Answer 8

Ask an attorney!