After a few months talking with my solicitor, she is now making an application to court on my behalf. This is for the custody of my son, who lives with both me and my ex at different times of the month. because of the distance, I want to have my son all the time, so he can settle for school age (he's 2)
I'm just wondering what happens now, will i have to be present in court? do i have to say anything? and what can my ex say that could get the court in his favour?
cheers
2007-01-07 02:38:20 · 5 answers · asked by Heather H 3 in Politics & Government ➔ Law & Ethics
I'm in the UK.
2007-01-07 02:43:48 · update #1
we live 3 hour drive away from each other. at the moment, I have my son for 2 weeks and my ex then has him for 2 weeks. my ex is also a lying cheat even now, so it should be interesting to see how it goes.
2007-01-07 02:52:21 · update #2
Heather-when a child starts school, he/she needs one primary home. Even though he needs both a mother and father, he can't live in 2 different homes and go to school. If you were the parent who stayed home when he was sick and was the primary care giver, you'll get primary custody and your ex will get visitation on weekends. Your ex will have to prove you're an unfit mother to get custody. It may be too soon to know if you will have to talk in Court. It depends on how much your ex fights for custody. If your ex fights for custody, you'll have to speak in Court. How else can the Judge get the necessary information? Do not be concerned about that, however. If you have to talk, your solicitor will prepare you ahead of time. You should definately be in Court even if you don't have to speak. Being present shows the Judge the case is important to you and you care about the outcome. I almost never go to Court without my client even if he/she doesn't have to speak. Good luck!
2007-01-07 02:58:32 · answer #1 · answered by David M 7 · 0⤊ 0⤋
Are you sure you do not have a hidden agenda here? Is there a new boyfriend in the offing?Your son is only 2 so it will be another couple of years before he goes to school. How far away from each other do you and your husband actually live? Can't you find a school midway between the two of you. yes ; for something like this you will need to be in court and if things have been ok up to now one of you would have to prove that the other is unfit . When it comes closer to the time he goes to school perhaps you and your ex could change the arrangements so that you have you son Monday to Friday and he has him Friday evening to Sunday evening. then no problem.
2007-01-07 02:50:25 · answer #2 · answered by D B 6 · 1⤊ 0⤋
The whole point of this hearing is to establish what is in the best interest of the child. Background reports for both parents will be submitted which includes : job,salaries, shifts, new partners, your accommodation etc etc. Unless there is a specific disadvantage to the child being with one of the parents then one will be granted permanent custody with the other getting visiting rights. Your partner would be disadvantaged if they cannot provide a bed for the child (ie no sleeping on couch) or they work nightshift etc but otherwise 91% cases go for permanaency with the Mother. Hope this helps.
2007-01-07 02:56:30 · answer #3 · answered by Chiclad 2 · 0⤊ 0⤋
I think it would be better for you to go than not. In case your ex says something to the judge, you'll have a chance too. Plus, it shows them how important it is to you. Don't know how it works where you live.
2007-01-07 02:49:37 · answer #4 · answered by us5we2 3 · 0⤊ 0⤋
talk to your solicitor. that is why you opay them. you may be required to talk. your ex may have to prove you unfit. sorry i can't help you more,i don't think you are in the US and i'm not sure the procedures elsewhere.
2007-01-07 02:42:43 · answer #5 · answered by kissmy 4 · 0⤊ 0⤋