How likely am I to succeed in gaining custody of my daughter?

Question

I currently reside in Texas and am compelled to seek custody of my daughter, but I know it is an extremely difficult matter in Texas. Her mother is extremely unstable and unfit to offer a suitable environment for my daughter. The most recent example is that she committed an act of assualt and battery by contact on the 16th of December against me. She was cited by the local authorities on this matter and must have it resolved in early January. Although the contact was not terribly painfull, it was unwanted and occured in the company of our one-year old daughter. She has acted violently towards me in the past as well. Her instability is also documented by her issuance of threats to the individual I'm involved with, myself and through my parents as well. These threats involved personal harm and professional harm to our careers. She is extremely bipolar in nature and I believe has been documented with such a disorder. She has threatened suicide on multiple occassions. Do I have a chance?

Answer 1

You definately have a chance.

You need to make sure that you have a stable income, a place with a room for her and if you want to really look good.. take some parenting courses or volunteer at something to do with children or do councelling and have a councellors recommendation after a while of going. (I wouldnt bring this up with your councellor when you meet with them, they may think that's the only reason youre going or that youre putting up an front for them to give you a great recommendation. Just be yourself and talk about your worries with your daughter and her mother.)

Any type of recommendation from a physician will work in your favour. Just be sure to be stable and responsible in all your actions while fighting for her and DONT instigate anything with your ex.

Try to steer clear of her and if you need to get access to your daughter for visitation, grab a third party who is not on either side of you or your ex to bring her to you. You should also be able to go to a cop shop to make the exchange of your little one..

It sounds so bad, but if you are truly worried for your little one, it's worth the fight in the end to gain custody..

GOOD LUCK!

Answer 2

Hey there!!! Now, I know that this is a rather unfortunate situation that you are in. First, when she assaulted you, the best thing that you should have done is to take photos of your injuries. Even if it is minor as a bloody scratch, as to being serious a blue and black eye, you MUST PROVIDE EVIDENCE that she assaulted you!!
The reason as to why I say that is because when you go to court, the courts and judges want to see PROOF that she did do this to you. They don't want to hear that you were assaulted and have no pictures to prove because without the pictures, that will not back you up. With pictures and good testimony, they would be more on your side than so hers. Secondly, two more important things: keep a log when you two argue and she either assaults or threatens you, as to have some concrete evidence. If it helps also, that would help strengthen your case aganist her.
Now, since she has been threatening the individual that you are with, yourself, and your parents, once again, keep a detailed log. Again, that will provide proof that she actually did do it!! Say for instance, if she called your girlfriend and threatened her, have your girlfriend to record the conversation and bring the tape to court, because most definitely, the courts and judges would LOVE to hear it!!
Now, if you use these examples that I have given to you, you would have a great chance in gaining custody of your daughter!! Now I am truly saddened that she has to be a witness to all of this!! No one, not even a child, should have to witness this horrendous behavior!!
My man, all I can say is that I pray for you and wish you the best in your situation. Be strong, protect yourself, and use those tatics that I have given to you!! Best of luck to you!!!

Answer 3

It is possible. I recommend you start keeping a log of all contact between yourself and your daughter's mother. Keep track of it on a calander, which makes it easier to remember. If you need extra paper, add a page with additional information for each date. Keep a running log of phone calls made to you and your loved ones as well. And any contact they have with her should be documented the same way. It will go a long way in court if you can actually recall dates and times by referencing calanders. With that and her past history, you should be able to be awarded custoday. I'm not going to guarantee it of course, I know how court systems sometimes work. It's not always what is in the best interest of the child. Good Luck to You and Yours.

Answer 4

If what you say is true - you have a good shot at it.

Also, if you had custody where would you daughter stay, her room, what baby-sitter, etc? Get answers to these questions, and take photos (her room, daycare facility) so you can present in court as proof of how your daughter would be treated in your custody.

Get as much documentation as you can on your wife. You should consider getting a small tape recorded that you could carry in case your ex-wife confronts you again (voice activated would be best).

Answer 5

I hope you have an attorney working for/with you. Things are so unpredictable like this. I would think a really important thing to do is document every single thing. Even start now, and backdate everything you can remember, including dates, times, what was said, to who. Good luck on this.

Answer 6

Your child will be appointed a law guardian who will determine both parents' fitness. Just make sure you document everything your daughter's mother does so you can show the law guardian. It is extremely difficult in any State to take a child away from his/her mother - primary/residential custody is what you need to pursue. Then the law guardian and court will determine visitation and whether it will be supervised or not. I'd say no matter what the odds, if you feel your daughter is in danger, you must try! Just stay within the law.

CHILDREN'S BILL OF RIGHTS

1. Neither parent shall deny the child reasonable use of the telephone to place and receive calls with the other parent and relatives.

2. Neither parent shall speak or write derogatory remarks about the other parent to the child, or engage in abusive, coarse or foul language, which can be overheard by the child whether or not the language involves the other parent.

3. Neither parent shall permit the children to overhear arguments, negotiations or other substantive discussions about legal or business dealings between the parents.

4. Neither parent shall physically or psychologically attempt to pressure, attempt to influence, pressure or influence the children concerning the personal opinion or position of the child concerning legal proceedings between the parents.

5. Each parent will permit the child to display photographs of the other parent or both parents in the child's room.

6. Neither parent shall communicate moral judgments about the other parent to the child concerning the other parent's choice of values, lifestyle, choice of friends, successes or failures in life (career, financial, relational) or residential choice.

7. The parents will acknowledge to the child that the child has two homes although the child may spend more time at one home than the other.

8. The parents shall cooperate to the greatest extent practicable in sharing time with the child.

9. Each parent will permit the child to retain, and allow easy access to, correspondence, greeting cards, and other written materials received from the other parent.

10. Each parent will respect the physical integrity of items possessed by the child which depict the other parent or remind the child of the other parent.

11. Neither parent will trivialize, or deny the existence of the other parent to the child.

12. Neither parent will interrogate the child about the other parent nor will either parent discourage comments by the child about the other parent.

13. Neither parent will intercept, "lose", derail, "forget" or otherwise interfere with communications to the child from the other parent.

14. Neither parent will refuse to acknowledge that the child can have or should have good experiences with the other parent.

15. Neither parent will directly or indirectly attack or criticize to the child the extended family of the other parent, the other parent's career, the living and travel arrangements of the other parent, or lawful activities of the other parent or associates of the other parent.

16. Neither parent will use the child as a "middleman" by using the child to communicate with the other parent on inappropriate topics.

17. Neither parent will undermine the other parent in the eyes of the child by engaging in the "circumstantial syndrome" which is done by manipulating, changing, or rearranging facts.

18. Neither parent will create for, or exaggerate to, the child differences between the parents.

19. Neither parent will say and do things with an eye to gaining the child as an "ally" against the other parent.

20. Neither parent will encourage or instruct the child to be disobedient to the other parent, stepparents, or relatives.

21. Neither parent will reward the child to act negatively toward the other parent.

22. Neither parent will try to make the child believe he or she loves the child more than the other parent, by, for example, saying that he or she loves the child more than the other parent or over-informing the child on adult topics or overindulging the child.

23. Neither parent will discuss child support issues with the child.

24. Neither parent will engage in judgmental, opinionated or negative commentary, physical inspections or interrogations once the child arrives from his/her other home.

25. Neither parent will "rewrite" or "re-script" facts which the child originally knows to be different.

26. Neither parent will punish the child physically or threaten such punishment in order to influence the child to adopt the parent's negative program, if any, against the other parent.

27. Neither parent will permit the child to be transported by a person who is intoxicated due to consumption of alcohol or illegal drugs.

28. Neither parent will smoke tobacco materials inside structures or vehicles occupied at the time by the child.

29. Each parent will permit the child to carry gifts, toys, clothing, and other items belonging to the child with him or her to the residence of the other parent or relatives or permit the child to take gifts, toys, clothing, and other items belonging to the child back to the residence of the other parent, as the case may be, to facilitate the child having with him or her objects, important to the child. The gifts, toys, clothing and other items belonging to the child referred to here mean items which are reasonable transportable and does not include pets (which the parents agree are impractical to move about).

Answer 7

Yes, you do. When you said extremely difficult, I am not sure what you meant. Please also be wary: does she want custody of the daughter as well? What are the points which are against you. So far, you have only discussed about hers? Aside highlighting her shortcomings, you need to focus on yourself... do you have stable job? How have you been supportive of her and your daughter? Good luck.

Answer 8

Your first accountability is to invite the police to place the youngster on your care, till Monday. On Monday touch your criminal expert with a reproduction of the police checklist and record for custody and ask the courtroom that the youngster be located on your care on an analogous time as the courtroom makes its determination on your case.

Answer 9

if you could prove those things and take it beyond the mere level of accusation, you would seem to have a good chance, but I am no legal authority. but showing you would provide the better home and her being unstable, would seem to give you a chance.

Answer 10

Sounds like it. I'm rooting for you.

If you can, tell me what the outcome is.