i split up recently with my boyfriend. we never married and had a daughter is 2 now. im living with my my mom and my son who is not his. im taking him to court for custody. what are the chances if he fights me for custody he will get it? i am a stable person and a good mom. and by the way he has a felony on his record. i know i will probably get custody but i just want reassurance.
2007-01-09 05:03:04 · 11 answers · asked by jenny 1 in Family & Relationships ➔ Marriage & Divorce
It is anyone's guess how custody will go. Once you leave your life in someone's hands that is exactly what you are doing, they get to make the decision for you. Any chance you can to mediation with the boys' father and try to get custody there and offer him visitation? If not, then court is your only alternative. My guess is you will get primary custody, or joint, and you will have primary residential custody and he will have visitation.
L.
2007-01-10 04:31:10 · answer #1 · answered by tink3610 3 · 0⤊ 0⤋
If what you type is true, you are a good & stable mom, then the MOST he MIGHT get could be shared custody. Of course it depends on your state and the judge.
I am a mom of 2 girls, the youngest was with my boyfriend of 3 years, he didn't want any thing to do with her until she was 6 months old. He filed papers for visitation. During these court procedures I found out that she had an incurable medical disease. The first judge assigned to our case gave him supervised visitation. We got a new judge and in less than a year the father filed for full custody. The new judge ALMOST gave him custody even though the father had never been to any of her specialist and had regular visitation for a short time.
Some had said that our new judge like to side with fathers as the judge himself had had a messy divorce with small children years before.
Best of luck to you!
2007-01-09 05:26:37 · answer #2 · answered by Donna 1 · 0⤊ 0⤋
Why would he fight you for cusody if the child is not his. Where is the real father? There is more to this than you are saying. The mother normally gets custody, if she is not a terrible person or you are an indangerment to the children. His being a felony will have effect on not getting the child in most states. What aren't you telling us. Why would the courts not grant you custody. Make your self a list of why they would not grant you custody. Make a list of why they shouldn't grant him custody and compare the two.
2007-01-09 05:10:15 · answer #3 · answered by springer 3 · 1⤊ 1⤋
don't be so sure you will get custody. 1st off, his felony---if it has nothing to do with rape, violence, or children, then his felony won't matter. the courts know people make mistakes in their lives. the courts want consistency and stability for the child, and will most likely grant split custody if he wants it, as long as there are no outstanding factors, like drug addiction, etc..is he a decent father? if so, why do you want to do this to him? your daughter needs a father in her life, and if he wants to be one, and he is a good one, then let him! keep your personal feelings out of this and do right by your child in all things. my advise is to come to an amicable and fair agreement for custody and support out of the courts which you can still file in the courts to make it legal, binding, and enforcable. of course, all of this advise is based on him being a decent, if not good, father. but, really, why do think you should claim a bigger stake of your daughters life? its 50/50. he is the father, you know? be fair to her above all, and to him. good luck.
2007-01-09 05:23:23 · answer #4 · answered by beechjb 2 · 0⤊ 0⤋
Is the child you are asking about in your possession full-time as of now? In Texas, we presume that the person who has possession of the child at the time of filing is the primary managing conservator (the one the kid will continue to live with). You need to check the laws in your state concerning this matter.
If the child is with him now, then why would you think you are entitled to custody? Goes for his side too.
2007-01-09 05:15:54 · answer #5 · answered by Jennifer M 4 · 0⤊ 0⤋
Seek legal counsel. Call your local bar association for a referral.
I've worked in Arizona as a legal assistant for a family law attorney for ten years. I am not able to give you legal advice, but I can tell you some of the things I've seen in these cases.
Worse case scenario would be joint custody, but you would have primary physical custody. Don't worry. Most men just want to visit their children. They don't want the full responsibility of them all the time.
Be generous with your proposed visitation. Remember it is you and he who can't get along. The child has nothing to do with the relationship and she does not deserve to lose either of her parents.
2007-01-09 05:11:34 · answer #6 · answered by Starla_C 7 · 1⤊ 1⤋
The court makes its judgements based on the "superb hobbies of the youngster." That being suggested, this would not avert your spouse from having custody, nor does it make it impossible so you might no longer have custody. the reality that your spouse and you're dealing with a divorce and it has gotten actual in front of your toddlers potential that it is not interior the excellent interest of your toddlers for this form of ecosystem proceed. no rely in case you have a wager or no longer would be desperate (interior the court's eyes) to no rely if or no longer the youngsters would be greater beneficial off with you or along with your quickly to be ex-spouse. If the court would not enable you to have known actual Custody and the custody maintains to be with the mummy, then you definately ought to, by applying all potential, assert your rights to have the youngsters for Partial Custody as properly as telephonic get admission to to them in the process the week at specific cases. via fact it quite is obvious that your spouse isn't extremely joyful with you, you mustn't have a custody order that may not specific. you ought to have a prevalent order which will observe which weekends you will have the youngsters; the cases of the %. up and return; and the placement the place you will %. them up and return them (e.g. police station; firehouse; MacDonald's' and so on.) so as which you will have witnesses and much less friction along with your quickly to be ex. you ought to additionally make beneficial that the trip journeys are spelled out (e.g. In even years with the daddy, in astonishing years with the mummy); you ought to additionally make beneficial that the youngster's birthdays are stated in particular. All this could be required (even the summer season trip cases) until you and your ex are able to handle one yet another with admire and which you study that the main serious factor is which you now no longer love one yet another yet which you love your toddlers and it quite is of their superb hobbies which you extremely want to proportion them. in case you have a sturdy kin regulation criminal expert then you definately must be in sturdy palms.
2016-12-12 07:45:30 · answer #7 · answered by motato 4 · 0⤊ 0⤋
Assurance for what? Because your a woman?
Felony...so what he paid the price for his crime!
Stable....you live with your Mom and 2 children.
No-one can answer this....Only a Judge can....but you need to fix your living situation....that shows no stability to me...
Good luck and lose the I am a mother so I have more right to the child attitude....makes a woman ugly!
2007-01-09 05:12:32 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Its hard to take the kid from the Mom. You need to document everyting when he sees her, if he says anything bad about you infront of her, any bruises she has when she gets home EVERYTHING. If he uses drugs and you can prove it you will get her for sure. How is your criminal record? if its clean and his isn't that will help in a big way. Have you talked to a lawyer yet? Good luck and i wish I could tell you more butr I don't know enough about either of you. however feel free to contact me
2007-01-09 05:24:01 · answer #9 · answered by wendy 2 · 0⤊ 0⤋
He'll never get full custody. Maybe weekend visitation, but never full custody.
2007-01-09 05:07:51 · answer #10 · answered by pinwheelbandit 5 · 0⤊ 2⤋