The chances of gaining full custody are not great even if it is demonstrably more suitable for the child. Your husband stands a good chance to obtain joint physical custody but ONLY if the mother approves, which it appears she does not. Most judges will not go against the wishes of the mother to the point of leaving a child in a bad environment over allowing the father to be the custodial parent.
That said, it is not impossible, which I am sure the attorney will tell you. If the attorney says anything like it should be easy, he's probably taking your money knowing he is unlikely to win. The first step is to demand DNA testing to determine if this is indeed his son, if this hasn't been done already. The attorney, if he's worth his salt, will tell you how to proceed. This usually means showing the court evidence that living with you would be "in the best interests of the child".
Don't be surprised if the case is presented and obviously better for the child to be with his father and the judge still goes against it. Many judges hold onto the idea of mother custody, many are intimidated by feminists that watch this type of thing and voice their "concerns" far and wide when a father gains custody. This is especially true if the judge is elected.
An excellent article in reference to fathers, mothers and custody:
http://fatherhood.about.com/gi/dynamic/offsite.htm?site=http%3A%2F%2Fwww.divorceonline.com%2Farticles%2Ff159418.html
2007-01-24 06:03:39
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answer #1
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answered by Phil #3 5
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Theyre only trying to scare you here as theres not a damn legal thing here they can take you to court for. Now if you have child support papers, one of you should be listed as the residential custodial parent a who gets the support mony and the other as non who pays the support. If so the you should have temporary cutsody and are in control of your kids. Now courts will always try to award the mother the custody of the kids unless shes ruled unfit by child and/or drug/mental abuse charges or Mom refuses custody so dad doesnt stand a chance here at all. If you know your son is in the car with dad with no license notify the police as this is a violation of his probation. Otherwise you have nothing to worry about here and if the rest keep threatening you tell them youre going to sue for harassment. good luck
2016-05-24 04:40:16
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answer #2
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answered by Anonymous
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I just went to court to get a divorce. The way the do it here is that the custodial parent (me) has the primary custody of the child. But my daughter's father does have visitation rights. I believe all fathers do unless it is proven not to be in the best interest of the child. The father is usually awarded every other weekend plus some holiday time and vacation time. But then he will be responsible for paying child support.
2007-01-24 05:41:25
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answer #3
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answered by SB 2
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Having a legal agreement will make it more easy for him to have, at least, shared custody. After that, if she refuses to comply with the order, she will be in legal troubles and possibly lose her custody, in turn, giving your boyfriend full custody. Oh, and no where in any custody agreement should there be any reason for either parent to move on with their life and find new partners. Just be yourself around the boy and everything will be find. Don't let his mother's problems become involved in his life at your home. GOOD LUCK!
2007-01-24 05:42:37
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answer #4
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answered by Angie 4
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my advise to you would be to view from the sidelines. do not get involved. the court will decide custody, visitation and child support. if you see the son, treat him like a friend. at best, that is all you will ever be. do not put him between the parents.
2007-01-24 06:03:52
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answer #5
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answered by sinned 7
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This is only the beginning. More problems will arise. Be prepared to endure problems from her for a very long time.
2007-01-24 05:32:59
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answer #6
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answered by Anonymous
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child shud be wid da mother in any case! when ull have a child u ll knw the depth of mother son relation! father gets married or not! it doent mater u get married n live happily good luk
2007-01-24 05:33:49
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answer #7
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answered by dia a 2
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Run. This will be a nightmare in a relationship.
2007-01-24 05:31:37
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answer #8
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answered by Anonymous
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get out now
2007-01-24 05:33:48
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answer #9
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answered by ? 6
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