What does a judge look for when deciding a residency court order?

Question

Basically, my ex decided last year that we was going to change his mind about me having our two year old son, it's been equal residency up to now, and the court case is on 1st february. I suffer from depression, but recently it hasn't been that bad. neither of us work, but he's at college a lot, where as me I'm only at college 3 hours a week. My ex also has a muscular version of tourettes, and doesn't communicate with me about what josh does with him, which is something i do do, I tell my ex all of what josh does. I have my own place, and my ex still lives with his parents. Also is there anything that would be good to say, to make my case sound stronger? More info can be given if needed. cheers

hey doogle, the reason why it's not staying joint is because we live 125 miles away from each other. I'd have nothing against access for my ex, he can have him for holidays etc, just for some reason, my ex wants my son. I personally thinks it's his mum, because my ex didn't want him, when he was telling his other woman that i was his sister and our son was his nephew...

Answer 1

Well, I'd say you're pretty much guaranteed sole custody... The courts do not like to a move a child that is already settled in a home, so unless being with you is a danger you will be fine...

I hate to say it (being a girl an' all) but the courts will also probably rule in your favour because you're the woman... For some reason we always get the better judgement, and I hate being a part of that... My husband and I have an amazing step-son who we would love to get custody of, he even asks how old he must be til he can choose to live with us, but thanks to the courts we would never be granted sole custody. It's an appauling system. Obviously I can't make a full judgement from your question and details but I would say that you are not one of the horrid mothers we so often hear about, and I am sure in this instance your son is better off with you. Unfortunately my husbands ex, although not keen on having her son around, very much enjoys the extortionate weekly payments from us, so she will never willingly give us custody.

I hope this works out for you, I think it will... My advice is to turn up to court looking smart, present a good case of how you do not work so that you can provide the best care possible for your child.Your ex will not have the same reasons for not working I'm sure! Maybe if you were studying part-time or something? Maybe showing that you are trying to make a better life for you and your child? That would also be very commendable... Just a thought!

Good Luck!

Answer 2

Basically, the judge will take into consideration all fact given by both parties to see if theres something that warrants a change in custody, and what would be in the best interest of the child. He could very well leave everything as is. Since it is your husband challenging you in court, then the burden lies on him to justify to the court that youre an unfit mother. He will have to have concrete evidence such as police or medical reports showing child or drug/mental abuse. An independent Dr would have to give his unbiased opinion on whether you are a danger to yourself or your child. Since all courts tend to lean toward the mother for custody cases, he will have a hell of a job proving you unfit, not an easy chore. You dont have to defend yourself to him but rather let him prove you unfit. Hearsay wont make it in court. Unless you know of something really wrong, I seriousily doubt if he could win here. Now the best bet here for you would be to get a written document from your Dr stating your condition and if it affects your ability to take care of your son. Whatever happens dont belittle your ex or get into an argument with him especially in court. Just remain calm and composed and let your ex fall apart. I see no cause for worry on your part so take it easy. Good luck

Answer 3

Basically, judges look to see which parent has a vagina. This is the truth no matter who denies it.
Since 85% of mothers are granted custody, even when the father wants custody as well, I'd say unless there is some verifiable reason for the judge to deny you custody, you have a near iron-clad guarantee of sole custody. (Fact is, 17% of the time when both mother and father want paternal custody, it is still granted to the mother).
If there is something outrageous or even dangerous in relation to your depression (attempted suicide, neglect of the child, etc.), living conditions or anything else that can be said to be a danger to a child, it can be used to deny you sole custody.

Answer 4

if anything goes to form the mother usually gets granted custody/residency. everything is geared towards the mother where kids are concerned. think i'm wrong is their a mothers for justice,....no. is the CSA constantly highlighting chasing erreant mothers,.....no. why not cos it makes the government look baad if they dare act against a woman., this is meant to be an age of equal rights and opportunity, why not just settle on shared parenting of the child rather than drag the poor thing throught the burden of courts.

if neither of you can settle this like grown adults then neither of you deserve to have the child anyway..

parents all too often try to find a way to F@ck each other over, with something so trivial. grow up and use your fricking heads.

Answer 5

it has to be what is best for the child, routine stable background, and permanent residence help.
Even if you do have depression, you must have a support network of friends and family who can help you.
I don't know what will make your case stronger, but i wish you the best of luck.

Answer 6

do no longer watch those courtroom television sideshows, they are no longer authentic regulation. the superb component you're able to do is see a divorce lawyer, he can permit you recognize precisely what your strategies are. it may seem expensive to work out a lawyer, yet while it lowers the baby help it will pay for itself presently.

Answer 7

no clue

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