Lets say there is a guy and a girl that have a child together. The girl is a honor roll, full time student with a part time job, with a clear criminal history. The man is a full-time student with two part time jobs, but he has an excessive criminal history, all of which are for some type of assault. He has no felonies though.
They get into a physical fight-with the guy choking the girl-and then the girl hits the guy~Who will have the more likely chance of getting custody of the child?
2006-08-14 00:19:00 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The child is about 2 months old.
2006-08-14 00:28:36 · update #1
The guy is also currently on unsupervised probation for running from the police....
2006-08-14 00:30:11 · update #2
I have pictures with time and dates of her neck after the choking, if that helps.
2006-08-14 00:34:44 · update #3
The girl. Fathers, even with a clean history, have to jump through a lot of hoops to get custody of a child.
The schooling shouldn't matter since both parents are attending. Even though the father is working more than the mother, that may not look quite so good because he has less time to devote to the child. What will matter is the mother and father's family support network, since they are still in school.
The mother's criminal history, or rather lack of, will help her case, since the father's, while even though they are not felonies, includes assault. Who is to say that raising the child, which any parent will tell you is hard and stressing and trying at times, will not tip him over. He may not intentionally harm the baby, but...
And since the father choked the mother- this really doesn't help his case, but only if the police were called and a police report was written and charges were pressed. Otherwise, it is just hear-say. The mother's case wouldn't be hurt because it was self-defense.
Overall, while not a great situation all around, I would say the mother has a better shot at custody.
2006-08-14 00:30:41 · answer #1 · answered by < Roger That > 5 · 0⤊ 0⤋
The girl.
Courts are less likely to take the child from the mother especially if the child resides with the mother and especially considering the man's record.
The woman could file for a restraining order. The judge who rules on this would probably award the mother primary custody and give the father visitation rights. The judge may even order him to some program to curb his anger problems.
2006-08-14 00:28:02 · answer #2 · answered by I'm a ninja darnit! 3 · 0⤊ 0⤋
The courts usually figure for new born Babbie's that it's best for the child to be with the mother,
The one incident of the women weighed against the history of the child's father, should favor the mother
also the mother should be receiving some type of child support form the father even if if it's small
2006-08-14 01:41:17 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋
She will get custody unless....she is an unfit parent. The girl hitting the guy after he choked her is normally considered self defense. (unless she used excessive force....but if she were in fear of her life or her child's it is justifiable.)
Been there before.
AFTER children reach 12-14 legally they have a choice on what parent they want to live with ..... but most judges will listen to what a 10 or 11 year old has to say.
2006-08-14 00:44:30 · answer #4 · answered by dawn6463 2 · 0⤊ 0⤋
Depends on which country you are in.
Most enlightened places talk about where the child should reside rather than who has custody. In some countries, the word "custody" does not exist as it implies ownership of the child.
In the case you mention, it would mainly depend on who wanted to raise the child and what committment (they could convince the court) that they would provide to the child. That is, who could provide the best future for the child.
2006-08-14 00:29:51 · answer #5 · answered by rumplestiltskin12357 3 · 0⤊ 0⤋
Joint custody ability both have a say, yet contained in the actual international, that would not make it so. Your mom can make her own selection with out regard on your father, and it ought to value him thousands of bucks to pass back to courtroom to do some thing about it. this may take 6-18 months, at which the courtroom rules adversarial to him depending on the actual incontrovertible reality that it is already finished and no longer an problem. ought to I propose you tell your father to ascertain out Dads residing house in Yahoo communities. there is guide contained in the report area that ought to correctly be of use to him. 20 years father's rights propose
2016-12-06 12:30:38 · answer #6 · answered by lammy 4 · 0⤊ 0⤋
Something you failed to mention: How old is the child? If the child is an infant, there's a more likely chance the child will go to the mother because babies are more dependent on their moms (i.e. breastfeeding).
2006-08-14 00:27:14 · answer #7 · answered by tinystar0726 2 · 0⤊ 0⤋
Well the guy with an abuseive crimnal histroy has a harder chance of getting cutody but he has just as equal chance getting custody because he is not a felon.
2006-08-14 00:33:18 · answer #8 · answered by dustin b 2 · 0⤊ 0⤋
Even without any of the above Judges give custody to the woman, Unless she is a mass murderer on death row!
2006-08-14 01:15:48 · answer #9 · answered by macdyver60 4 · 0⤊ 0⤋
most likely it would be the girl, as long as theres no signs of being a bad mother,
2006-08-14 00:25:25 · answer #10 · answered by Anonymous · 0⤊ 0⤋